Legal Opinion

In re the Department of Energy Stripper Well Exemption Litigation, M.D.L. No. 378

Temporary Emergency Court of Appeals

Decided August 8, 1988No. 10-76PublishedCited by 6 opinions

1Opinion of the Court

METZNER, Judge.

Certain jurisdictions (“the States”) appeal from an order of the United States District Court for the District of Kansas (Theis, J.), rejecting the claim of the States that the Department of Energy (“DOE”) had violated the Final Settlement Agreement (“FSA”) in the M.D.L. 378 Stripper Well litigation through its method of calculating refunds to injured parties in crude oil refund proceedings under Subpart V1 of the agency’s regulations. The district court held that neither the Settlement Agreement nor the Subpart V regulations specify a particular formula for DOE to use in…

2Cases cited3 opinions

  1. Energy Reserves Group, Inc. v. Department of EnergyTemporary Emergency Court of Appeals · 1982
  2. In Re the Department of Energy Stripper Well Exemption LitigationDistrict Court, D. Kansas · 1984
  3. In re Department of Energy Stripper Well Exemption LitigationDistrict Court, D. Kansas · 1987

3Cited by6 opinions

  1. Behm Family Corp. v. U.S. Department of EnergyTemporary Emergency Court of Appeals · 1990
  2. Atlantic Richfield Co. v. AlaskaTemporary Emergency Court of Appeals · 1991
  3. Consolidated Edison Co. of New York, Inc. v. O'LearyDistrict Court, District of Columbia · 1998
  4. Consolidated Edison Co. of New York, Inc. v. RichardsonDistrict Court, District of Columbia · 1999
  5. In re The Department of Energy Stripper Well Exemption LitigationDistrict Court, D. Kansas · 1989

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