SFPP, L.P. v. FEDERAL ENERGY REGULATORY COMMISSION

No. 19-1067 Consolidated with 19-1077, 19-1078, 19-1081, 19-1082, 19-1084, 19-1086, 19-1090.

967 F.3d 788 (2020)

SFPP, L.P., Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION AND UNITED STATES OF AMERICA, Respondents Association of Oil Pipe Lines, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 31, 2020.


Attorney(s) appearing for the Case

Charles F. Caldwell argued the cause for petitioner SFPP, L.P. With him on the briefs were Michelle T. Boudreaux , Sabina D. Walia , Daniel W. Sanborn , and Susan B. Kittey .

Steven M. Kramer and Daniel J. Poynor were on the briefs for intervenor Association of Oil Pipe Lines in support of petitioner SFPP, L.P. Steven H. Brose and Steven G. Reed entered an appearance.

Gregory S. Wagner argued the cause for Shipper petitioners. With him on the joint briefs were Steven A. Adducci , Matthew D. Field , Richard E. Powers Jr. , Melvin Goldstein , Thomas J. Eastment , and Frederick G. Jauss, IV .

Scott Ray Ediger , Attorney, Federal Energy Regulatory Commission, argued the cause for respondents. With him on the brief were Michael F. Murray , Deputy Assistant Attorney General, Robert J. Wiggers and Robert B. Nicholson , Attorneys, U.S. Department of Justice, James P. Danly , General Counsel, Federal Energy Regulatory Commission, Robert H. Solomon , Solicitor, and Elizabeth E. Rylander , Attorney.

Charles F. Caldwell , Sabina D. Walia , Daniel J. Poynor , Daniel W. Sanborn , Susan B. Kittey , and Steven M. Kramer were on the joint brief for intervenors SFPP, L.P. and Association of Oil Pipe Lines in support of respondents.

Steven A. Adducci , Matthew D. Field , Gregory S. Wagner , Richard E. Powers Jr. , Melvin Goldstein , Thomas J. Eastment , and Frederick G. Jauss, IV were on the joint brief for Shipper intervenors in support of respondents.

Before: Srinivasan, Chief Judge, Rogers and Wilkins, Circuit Judges.


SFPP, L.P., is a common-carrier oil pipeline that transports petroleum products through Arizona, California, Nevada, New Mexico, Oregon, and Texas. SFPP, along with several shippers that transport petroleum products over SFPP's pipelines, challenge two Federal Energy Regulatory Commission orders concerning SFPP's tariffs.

SFPP first...

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