Texaco, Inc. v. Department of Energy

I respectfully dissent from the views of my colleagues expressed in the majority opinion.

The narrow issue on this appeal is whether DOE is compelled, as a matter of law, to issue the remaining entitlements notices. Resolution of this issue turns on the interpretation given Executive Order 12287 (Decontrol Order) effective January 28, 1981 (46 Fed.Reg. 9909, January 30, 1981), removing price and allocation controls on crude oil, and that given the expiration and savings clause of the Emergency Petroleum Allocation Act (EPAA), 15 U.S.C. §§ 751-760h, as amended.

We are dealing here really with a…