Department of Energy v. Hunt

THORNBERRY, Judge:

This appeal presents a narrow issue: whether the district court abused its discretion in holding that the Department of Energy (DOE) failed to demonstrate a change in core circumstances requiring remand of a lawful remedial order to the agency for reconsideration. We are not asked to determine the district court’s power or duty to fashion a restitutionary remedy. Compare United States v. Exxon Corp., 773 F.2d 1240, 1280-87 (Temp.Emer.Ct.App. 1985); Citronelle-Mobile Gathering, Inc. v. Edwards, 669 F.2d 717, 723 (Temp.Emer. Ct.App.), cert. denied, 459 U.S. 877, 103 S.Ct. 172,…