Consumers Union of United States, Inc. v. Sawhill

MEMORANDUM OPINION AND ORDER

AUBREY S. ROBINSON, Jr., District Judge.

By this action Plaintiff seeks a declaratory judgment that the Federal Energy Administration’s (hereinafter FEA) interim price regulation for unleaded gasoline (hereinafter the May 29 regulation) 1 which was in effect from June 1, 1974, until July 9, 1974, violated the Administrative Procedure Act (Hereinafter APA) because it was instituted without notice and opportunity for public comment, and in an arbitrary and capricious manner. Plaintiff, in addition, seeks restitutionary relief on the theory that the May 29 regulation…