Consumers Union of the United States, Inc. v. Sawhill

TAMM, Chief Judge:

This case was previously before a division of the court, which held, with one member dissenting, that the Federal Energy Administration’s (FEA) “new oil” regulation, allowing that oil to be sold without regard to the ceiling price, was invalid under the Emergency Petroleum Allocation Act (the Act). The division also held that FEA’s “released oil” regulation, allowing that oil to be sold at a price determined by a formula, was valid under the Act because “[njothing in the language of § 4(a) suggests that prices cannot be prescribed or determined in part with reference to or…