Legal Opinion

Williston Basin Interstate Pipeline Company v. Federal Energy Regulatory Commission, Arco Oil and Gas Company, Intervenor

Court of Appeals for the D.C. Circuit

Decided April 24, 1987No. 85-1835PublishedCited by 12 opinions

1Opinion of the Court

Opinion for the Court filed by Circuit Judge DOUGLAS GINSBURG.

DOUGLAS GINSBURG, Circuit Judge:

In Orders No. 338 1 and 338-A, 2 the Federal Energy Regulatory Commission (“FERC” or the “Commission”) designated four natural gas formations as “tight formations,” thereby qualifying their output for higher, so-called “incentive” prices under section 107(c)(5) of the Natural Gas Policy Act of 1978 (NGPA). 3 ARCO Oil and Gas Co. (ARCO) owns the gas rights to these formations, and has contracted to sell the gas to Montana-Dakota Utilities Co. (MDU), 4 which under the sales contract, must pay an…

2Cases cited4 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Pennzoil Company v. Federal Energy Regulatory CommissionCourt of Appeals for the Fifth Circuit · 1982
  3. Mesa Petroleum Company v. Federal Energy Regulatory CommissionCourt of Appeals for the Fifth Circuit · 1982
  4. L & B Oil Company, Inc. v. Federal Energy Regulatory CommissionCourt of Appeals for the Fifth Circuit · 1982

3Cited by12 opinions

  1. True Oil Co. v. CommissionerCourt of Appeals for the Tenth Circuit · 1999
  2. In Re Texaco Inc.District Court, S.D. New York · 1988
  3. Midwest Gas Users Ass'n v. Federal Energy Regulatory CommissionCourt of Appeals for the D.C. Circuit · 1987
  4. Nielson-True Pshp. v. CommissionerUnited States Tax Court · 1997
  5. Anr Pipeline Company v. Federal Energy Regulatory Commission, Conoco Incorporated, IntervenorsCourt of Appeals for the D.C. Circuit · 1989

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