Department of Energy v. Osborn
Temporary Emergency Court of Appeals
1Opinion of the Court
JAMESON, Judge.
The Department of Energy (DOE) has appealed from a district court judgment holding a Remedial Order issued to W.B. Osborn invalid. Finding that the Remedial Order was within the agency’s authority and based on findings supported by substantial evidence, 12 U.S.C. § 1904 note at § 211(d)(1), we reverse.
I. Facts and Proceedings Below
W.B. Osborn is an independent oil and gas producer who owns and operates oil producing property in Wyoming and elsewhere. In 1976 the Economic Regulatory Administration (ERA) conducted an audit of Osborn’s oil production from September 1973 through…
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