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INEOS USA LLC v. FEDERAL ENERGY REGULATORY COM'N

No. 18-1081 Consolidated with 18-1200.

940 F.3d 1326 (2019)

INEOS USA LLC, Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION and United States of America, Respondents Leveret Pipeline Company, LLC and Mid-America Pipeline Company, LLC, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided October 18, 2019.

Attorney(s) appearing for the Case

Richard B. Phillips Jr. , Dallas, TX, argued the cause for petitioner. On the brief were Victoria M. Lauterbach and Wendy B. Warren . Sidney Fowler , Washington, DC, entered an appearance.

Robert M. Kennedy Jr. , Senior Attorney, Federal Energy Regulatory Commission, argued the cause for respondents. With him on the brief were Michael F. Murray , Deputy Assistant Attorney General, U.S. Department of Justice, Robert B. Nicholson , Washington, DC, and Robert J. Wiggers , Attorneys, James P. Danly , General Counsel, Federal Energy Regulatory Commission, and Robert H. Solomon , Solicitor.

Charles F. Caldwell and Elizabeth B. Kohlhausen were on the brief for intervenors Leveret Pipeline Company, LLC, et al. in support of respondents.

Concurring opinion filed by Circuit Judge Rogers.

INEOS USA LLC ("INEOS"), a chemical producer, petitions for review of the decision of the Federal Energy Regulatory Commission to accept tariff filings without an investigation pursuant to Section 15(7) of the Interstate Commerce Act ("ICA"), 49 U.S.C. app. § 15(7) (1988). INEOS wishes to connect its fractionator to the South Eddy Lateral...

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