U.S. Court of Appeals for the D.C. Circuit, 1978

Brooklyn Union Gas Co. v. Federal Energy Regulatory Commission

U.S. Court of Appeals for the D.C. Circuit · Decided February 9, 1978 · Bazelon, Leventhal, Robinson

188 U.S. App. D.C. 13; 575 F.2d 894; 1978 U.S. App. LEXIS 12699 (United States Reports)

Counsel

Frederick Moring, Washington, D. C., with whom Kenneth A. Rubin, Washington, D. C., was on the brief for petitioners in Nos. 75-1581 and 75-1698 and intervenor, Associated Gas Distributors., Richard A. Solomon, Washington, D. C., with whom Peter H. Schiff, Gen. Counsel, Public Service Commission of the State of New York, Albany, N. Y., was on the brief, for petitioner in No. 75-1584 and intervenor Public Service Commission of the State of New York also argued for petitioners in Nos. 75-1581 and 75-1698., Platt W. Davis III, Washington, D. C., for petitioner in No. 75-1644. James W. McCartney and F. J. Coleman, Jr., Houston, Tex., were on the brief, for petitioner in No. 75-1644., Tom Burton, Houston, Tex., for petitioner in No. 75-1802 and intervenor, Continental Oil Co., Scott M. DuBoff, Atty., Federal Energy Regulatory Commission, Washington, D. C., with whom Drexel D. Journey, Gen. Counsel, Robert W. Perdue, Deputy Gen. Counsel and Allan Abbot Tuttle, Solicitor, Federal Energy Regulatory Commission, Washington, D. C., were on the brief for respondent. John H. Burnes, Jr., Atty., Federal Energy Regulatory Commission and John R. Staffier, Atty., Federal Energy Regulatory Commission, Washington, D. C., at the time the record was filed also entered appearances for respondent., Sam Riggs, Jr., and Robert S. Wheeler, Tulsa, Okl., were on the brief for petitioners in No. 75-1801 and intervenor Cities Service Oil Co., Melvin Richter, Terrence J. Collins and Lilyan G. Silbert were on the brief for intervenor, Tennessee Gas Pipeline Co., James R. Patton, Jr., Harry E. Barsh, Jr., David B. Robinson and Linda E. Buck, Washington, D. C., entered appearances for intervenor, The State of Louisiana., Kirk W. Weinert, C. Fielding Early, Jr., and Roger L. Brandt, Houston, Tex., entered appearances for intervenor, Texaco, Inc.

Cases that cite this one

3 later published cases cite this decision. The 2 that cite it most often are listed here.

Tennessee Gas Pipeline Company v. Federal Power Commission (D.C. Cir. 1979)
Tennessee Gas Pipeline Co. v. Federal Power Commission (D.C. Cir. 1979)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Opinion Per Curiam.

PER CURIAM:

This case involves a challenge by the New York Public Service Commission and various gas distributors to the FPC’s so-called Chandeleur policy, under which producers are permitted to use some of their offshore natural gas for their own refining and other processes.

In its opinion No. 727, issued on April 17, 1975, the Commission, pursuant to Chandeleur, granted certificate applications permitting sequestration of offshore gas for the producers’ own use. The certificates were, however, conditioned to limit the percentage of offshore gas reserves which could be sequestered to twenty percent. Additional conditions were also imposed. The producers ultimately rejected the certificates.

In light of this development, we believe the case no longer presents a continuing controversy. Consequently, it is dismissed as moot.

So ordered.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.