Legal Opinion
Acadian Gas Pipeline System v. Federal Energy Regulatory Commission
Court of Appeals for the Fifth Circuit
Decided August 3, 1989No. 88-4502PublishedCited by 32 opinions
1Opinion of the Court
JOHNSON, Circuit Judge:
Acadian Gas Pipeline System appeals an order of the Federal Energy Regulatory Commission (Commission) requiring Acadi-an to file petitions for rate approval under section 284.123(b)(2) of Commission regulations. The Commission’s exegesis of this section is that it requires a separate petition for rate approval for each newly instigated service despite previous approval of a systemwide rate. Because we find that this interpretation is arbitrary and capricious, we vacate the Commission’s order and remand for further proceedings consistent with this opinion.
REGULATORY…
2Cases cited8 opinions
- Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
- Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
- Udall v. TallmanSupreme Court of the United States · 1965
- United States v. L.J. Garner and Tommie N. GarnerCourt of Appeals for the Fifth Circuit · 1985
- Lead Industries Association, Inc. v. Environmental Protection Agency, Bunker Hill Company, Intervenor. St. Joe Minerals Corporation v. Environmental Protection Agency, Bunker Hill Company, IntervenorCourt of Appeals for the D.C. Circuit · 1980
3 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Navarro-Miranda v. AshcroftCourt of Appeals for the Fifth Circuit · 2003
- Shell Offshore Inc. v. BabbittCourt of Appeals for the Fifth Circuit · 2001
- Benedictor Diaz-Resendez v. Immigration & Naturalization ServiceCourt of Appeals for the Fifth Circuit · 1992
- Ovalles v. HolderCourt of Appeals for the Fifth Circuit · 2009
- Georgia Fed. Bank, F.S.B. v. CommissionerUnited States Tax Court · 1992
27 more not listed; retrieve them via the Exa API.