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AIRCRAFT SERVICE INTERNATIONAL, INC. v. FERC

No. 20-1013.

985 F.3d 1013 (2021)

AIRCRAFT SERVICE INTERNATIONAL, INC., d/b/a Menzies Aviation, et al., Petitioners v. FEDERAL ENERGY REGULATORY COMMISSION and United States of America, Respondents Central Florida Pipeline LLC and Kinder Morgan Liquids Terminals LLC, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided January 22, 2021.

Attorney(s) appearing for the Case

Matthew D. Field , Washington, DC, argued the cause for petitioners. With him on the briefs was Richard E. Powers, Jr. , Washington, DC.

Lona T. Perry , Deputy Solicitor, argued the cause for respondents. With her on the brief were Makan Delrahim , Assistant Attorney General, Michael F. Murray , Deputy Assistant Attorney General, U.S. Department of Justice, Robert J. Wiggers and Robert B. Nicholson , Attorneys, David L. Morenoff , Acting General Counsel, Federal Energy Regulatory Commission, and Robert H. Solomon , Solicitor.

Amy L. Hoff argued the cause for intervenors. With her on the brief were Deborah R. Repman , Charles F. Caldwell , Daniel W. Sanborn , Houston, TX, and Susan B. Kittey .

Before: Wilkins and Rao, Circuit Judges, and Silberman, Senior Circuit Judge.

Petitioners, led by several Airlines,1 challenge FERC's determination that fuel transported by pipeline to Orlando's airport —after being delivered to the Port of Tampa—moves intrastate. Therefore, the Commission decided that it lacked jurisdiction to regulate the rates...

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