Conoco Inc. (Formerly Continental Oil Co.) v. Department of Energy

Although I agree with the court’s reasoning in Part II, I respectfully dissent from the decision to remand as set forth in Part III.

The district court incorrectly held Conoco liable for the working interest overcharges by Getty.Oil and Phillips Petroleum. The court viewed the settlement contracts between the Department of Energy and each of Getty Oil and Phillips Petroleum as leaving open the question of whether there remained “working interests for which restitution has not yet been made,” and then interpreted the agreements so as to impose liability on Cono-co for the Getty and Phillips…