LIQUID ENERGY PIPELINE ASSOCIATION, Petitioner
v.
FEDERAL ENERGY REGULATORY COMMISSION and United States of America, Respondents
Energy Infrastructure Council and Enbridge Inc., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued October 25, 2023.
Decided July 26, 2024.
Attorney(s) appearing for the Case
Miguel A. Estrada argued the cause for Carrier Petitioners. With him on the joint briefs were Amy L. Hoff, Elizabeth B. Kohlhausen, Charles F. Caldwell, Matthew S. Rozen, Aaron Smith, Daniel J. Poynor, Linda C. Bailey, Hyland Hunt, and Ruthanne M. Deutsch. William S. Scherman, Jason J. Fleischer, and Steven M. Kramer, entered appearances.
Steven A. Adducci argued the cause for Shipper Petitioners. With him on the briefs were Richard E. Powers, Jr., Matthew D. Field, Gregory S. Wagner, and William G. Bolgiano.
Matthew J. Glover, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With him on the brief were Robert B. Nicholson and Robert J. Wiggers, Attorneys, U.S. Department of Justice, and Matthew R. Christiansen, General Counsel, and Robert H. Solomon, Solicitor, Federal Energy Regulatory Commission.
Miguel A. Estrada, Matthew S. Rozen, and Aaron Smith were on the brief for intervenor Liquid Energy Pipeline Association in support of respondents. Jason J. Fleischer, Steven M. Kramer, and William S. Scherman entered appearances.
Richard E. Powers, Jr., Matthew D. Field, Steven A. Adducci, Gregory S. Wagner, William G. Bolgiano, Elizabeth A. Zembruski, Matthew T. Rick, and James Harrison Holt were on the brief for Shipper-Intervenors in support of respondents.
Before: Srinivasan, Chief Judge, Millett and Wilkins, Circuit Judges.
Srinivasan, Chief Judge:
Every five years, the Federal Energy Regulatory Commission reviews the methodology used by oil pipelines to set their maximum annual rate increases. That methodology is called the Index. In 2020, the Commission conducted its five-year review and set the Index level for the next cycle. After that Index took effect, the Commission...
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