Marathon Oil Company v. Federal Energy Regulatory Commission

SILBERMAN, Circuit Judge:

Marathon and Union Pacific petition for review of FERC’s refusal to accept state agencies’ determinations that their wells produce tight formation gas. They contend that the Commission’s actions have prejudiced their chances of receiving a tax credit for this gas. Petitioners, however, do not show injury-in-faet and therefore lack Article III standing. The petitions for review are denied.

I

The Natural Gas Policy Act of 1978, 15 U.S.C. § 3301 et seq. (1988) (NGPA), established price ceilings for wellhead sales of natural gas. FERC was given authority under the Act to…