Department of Energy v. Hunt

I

The principal, but not only, reason for this dissent is the ultimate conclusion of the majority opinion that admitted illegal overcharges in the price of “stripper well” crude oil (made illegally during regulatory control) under protection of an erroneously issued injunction, after decontrol should now be paid to the first purchaser-refiner and that:

“After decontrol, the first purchaser-refiner can simply pocket any refund it receives for overcharges.”

*1426This astonishing conclusion1 (and the many questionable procedural means by which it is reached) is not only unsupported by any precedent, but…