Legal Opinion

Energy Reserves Group, Inc. v. Department of Energy

Temporary Emergency Court of Appeals

Decided October 31, 1978No. Nos. 10-15 to 10-17PublishedCited by 51 opinions

1Opinion of the Court

BECKER, Judge:

Introduction

In these cases the appellees question the validity of Ruling 1974-29 of the Federal Energy Administration (FEA), designated as an “interpretative” rule by FEA. If Ruling 1974-29 was interpretative, the ruling was exempt from the rule making requirements of § 553(b) and (c) Title 5 U.S.C., a part of the Administrative Procedure- Act (APA). Section 553(b) of the APA permits all administrative agencies to issue interpretative rules without prior notice and opportunity for submission of written views, data and argument. The district court held that Ruling 1974-29 was not…

2Cases cited15 opinions

  1. Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1978
  2. General Electric Co. v. GilbertSupreme Court of the United States · 1976
  3. Federal Communications Commission v. Pottsville Broadcasting Co.Supreme Court of the United States · 1940
  4. Batterton v. FrancisSupreme Court of the United States · 1977
  5. Wong Yang Sung v. McGrathSupreme Court of the United States · 1950

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3Cited by51 opinions

  1. Standard Oil Co. v. Department of EnergyTemporary Emergency Court of Appeals · 1978
  2. Marie Lucie Jean, Lucien Louis, Cross-Appellants, State of Florida, Intervenor-Appellant v. Alan C. Nelson, Cross-AppelleesCourt of Appeals for the Eleventh Circuit · 1983
  3. Lawrence Cabais v. Roscoe Egger, Commissioner of the Internal Revenue ServiceCourt of Appeals for the D.C. Circuit · 1982
  4. 21 Fair empl.prac.cas. 605, 21 Empl. Prac. Dec. P 30,443 Legal Aid Society of Alameda County Stephen E. Ronfeldt Linda Castillo Delores Luster John Stafford Isadore Payne Western Regional Job Council v. Peter J. Brennan, Secretary of the United States Department of Labor Philip Davis, Acting Director of the Office of Federal Contract Compliance Earl L. Butz, Secretary of the United States Department of Agriculture William Gladden, Chief, Contract Compliance Division, Office of Equal Opportunity, United States Department of Agriculture, Chamber of Commerce of the United States of America, on Behalf of Its Affected Members, Defendants-Intervenors-Appellants. Legal Aid Society of Alameda County v. Ncc Food Corporation, Defendant-Intervenor-Appellant. Legal Aid Society of Alameda County v. Del Monte Corporation, Defendants-Intervenors-Appellants. Legal Aid Society of Alameda County v. Cpc International, Defendant-Intervenor-Appellant. Legal Aid Society of Alameda County v. Carnation Company, H. J. Heinz Company, Sunshine Biscuits, Inc., Bell Brand Foods, Inc., Defendants-Intervenors-Appellants. Legal Aid Society of Alameda County v. Granny Goose Foods, Inc., Defendant-Intervenor-Appellant. Legal Aid Society of Alameda County v. Golden Grain MacAroni Co., and Its Division, Ghirardelli Chocolate, Inc., Defendants-Intervenors-AppellantsCourt of Appeals for the Ninth Circuit · 1979
  5. Sauder v. Department of EnergyTemporary Emergency Court of Appeals · 1981

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