Chevron U.S.A. Inc. v. Mobil Producing Texas & New Mexico, and Mobil Oil Corporation

PAULINE NEWMAN, Circuit Judge.

Chevron U.S.A. Inc. brought suit against Mobil Producing Texas & New Mexico and Mobil Oil Corporation (collectively “Mobil”) for restitution in connection with payments Chevron made to the Department of Energy (“DOE”) for stripper well overcharges attributable to Mobil’s working interest in a property operated by Chevron’s predecessor in interest, the Gulf Oil Corporation. The United States District Court for the Western District of Texas, granting Mobil’s motion for summary judgment,1 ruled that a Consent Order entered into by Mobil and DOE in 1979 had settled…