Natural Gas Policy Act Of 1978

133 Florida cases classified under this topic · sorted by citation count · browse and sort

• Rocanville Corp. v. Natural GAS Pipeline Co. OF Am.
  823 F.2d 92· 5th Cir.· 1987-07-30 ·cited 2×
  The court held that a party seeking contract reformation based on mutual mistake must prove the mistake concerned the contract's terms, not external assumptions or future regulatory changes.
• Davis v. CIG Exploration, Inc.
  789 F.2d 328· 5th Cir.· 1986-05-12 ·cited 2×
  The court held that a lessee cannot be held liable for breaching the implied covenant to reasonably market gas when the sale price is dictated by a federal regulatory order, and Texas law defines market value as the regulated price in such circumstances.
• Consol. Edison Co. OF NEW York, Inc. v. Fed. Energy Regulatory Comm'n
  757 F.2d 1328· D.C. Cir.· 1985-03-29 ·cited 2×
  The court dismissed the petition for review because the issues raised by the petitioner had been resolved by subsequent actions of the Federal Energy Regulatory Commission and modifications to the petitioner's own requests.
• True OIL Co. v. Fed. Energy Regulatory Comm'n
  663 F.2d 75· 10th Cir.· 1981-11-03 ·cited 2×
  The court held that 'production in commercial quantities' requires the capability to market the product, not just physical availability or flaring.
• Tex. OIL & GAS Corp. v. Valley GAS Transmission
  608 F.2d 231· 5th Cir.· 1979-12-14 ·cited 2×
  The Federal Energy Regulatory Commission (FERC) has primary jurisdiction over the abandonment of a natural gas certificate of public convenience and necessity, even when a subsequent leaseholder is not the original certificate holder and production has ceased for many years.
• Klein v. Jerral W. Jones and Michael V. McCoy
  980 F.2d 521· 8th Cir.· 1992-11-25 ·cited 1×
  A substantial question of fact exists regarding lessors' right to a share of a lump-sum take-or-pay settlement when the gas purchase contract was terminated.
• Concise OIL & GAS P'ship v. La. Intrastate GAS Corp.
  986 F.2d 1463· 5th Cir.· 1993-03-18
  The court affirmed the denial of judgment notwithstanding the verdict for fraud, finding insufficient evidence of material misrepresentation. It also affirmed the denial of declaratory relief and specific performance but reversed the district court's calculation of prejudgment in
• Koch Hydrocarbon Co. v. MDU Res. Grp., Inc.
  988 F.2d 1529· 8th Cir.· 1993-03-15
  The court held that the McKenzie contract's price term upon deregulation was ambiguous and remanded for consideration of parol evidence, but affirmed the market price determination for damages. The court also affirmed damages based on the capacity of the Phillips plant and affirm
• Enron OIL & GAS Co. & Belco Petroleum Corp. v. Lujan
  978 F.2d 212· 5th Cir.· 1992-11-30
  The court held that the Department of Interior's long-standing method of including state severance tax reimbursements in the calculation of "gross proceeds" for royalty purposes is a permissible interpretation of the Mineral Leasing Act and the Natural Gas Policy Act.
• Tenn. GAS Pipeline Co. v. Fed. Energy Regulatory Comm'n
  969 F.2d 1141· D.C. Cir.· 1992-07-14
  The court held that the Federal Energy Regulatory Commission failed to provide a sufficient basis for invoking the Administrative Procedure Act's good cause exception to bypass notice and comment requirements for its interim rule.
• La. Intrastate GAS Corp. v. Fed. Energy Regulatory Comm'n
  962 F.2d 37· D.C. Cir.· 1992-04-24
  The court held that the Federal Energy Regulatory Commission (FERC) failed to provide reasoned consideration for its determination that the Eloi Bay facility was not a 'gathering' line and for its choice of a 90% capacity figure in setting the rate design volume, thus vacating th
• Tenngasco Exch. Corp. v. Fed. Energy Regulatory Comm'n
  952 F.2d 535· D.C. Cir.· 1992-01-07
  The court held that Tenngasco lacks standing to challenge FERC's assertion of jurisdiction over sales of imported Canadian gas for resale in interstate commerce.
• OXY U.S.A., Inc. v. Seagull Natural GAS Co.
  949 F.2d 799· 5th Cir.· 1992-01-03
  The court held that a contract permits retroactive collection of tight sands gas prices unless it expressly forbids it, and that reliance on the incentive price for drilling is irrelevant if a negotiated contract price exists.
• Prenalta Corp. v. Colo. Interstate GAS Co.
  944 F.2d 677· 10th Cir.· 1991-09-04
  The court held that CIG's conduct in making payments in excess of the escalated base price, in an effort to continue negotiations, raised a factual question of waiver, precluding summary judgment on CIG's counterclaim for a refund.
• McMoRan OIL & GAS Co. v. KN Energy, Inc.
  942 F.2d 765· 10th Cir.· 1991-08-19
  The court held that the 'highest price then being paid' under the contract amendment refers to the highest free-market price for deregulated gas, not regulated gas prices or specific § 108 gas prices. The court also affirmed the trial court's refusal to allow a late renegotiation
• Okla. Natural GAS Co. v. Fed. Energy Regulatory Comm'n
  940 F.2d 699· D.C. Cir.· 1991-08-02
  The court held that the Federal Energy Regulatory Commission (FERC) failed to adequately explain its assertion of jurisdiction over a pipeline extension based on its 'backhaul' theory or the commingling of gas, and remanded for further explanation.
• Union Pac. Res. Co. v. Fed. Energy Regulatory Comm'n
  936 F.2d 1310· D.C. Cir.· 1991-06-25
  The court held that the Federal Energy Regulatory Commission's interpretation of the Natural Gas Wellhead Decontrol Act of 1989, which decontrols natural gas temporarily released from pre-enactment contracts and sold under post-enactment contracts, is reasonable and therefore aff
• N. Natural GAS Co. v. Fed. Energy Regulatory Comm'n
  929 F.2d 1261· 8th Cir.· 1991-04-04
  The Federal Energy Regulatory Commission (FERC) may regulate rates charged for natural gas gathering on a pipeline's own facilities when performed in connection with jurisdictional interstate transportation, notwithstanding the Natural Gas Act's exclusion of 'gathering' from its
• Phillips 66 Natural GAS Co. v. Fed. Energy Regulatory Comm'n
  903 F.2d 1310· 10th Cir.· 1990-05-22
  The court held that the Director and Commission erred by giving substantive effect to a presumption outside of a protest proceeding, violating the principle that contracting parties' intent governs the allocation of production-related costs.
• ANR Pipeline Co. v. Fed. Energy Regulatory Comm'n
  894 F.2d 1396· D.C. Cir.· 1990-02-06
  The court held that the Commission's determination that a higher gas rate applied was not reasoned decisionmaking, requiring remand.
• Gulf S. Pipeline Co. v. Fed. Energy Regulatory Comm'n
  876 F.2d 431· 5th Cir.· 1989-06-28
  The court held that the Federal Energy Regulatory Commission (FERC) properly delegated authority to the Director of the Office of Pipeline and Producer Regulation to reject filings, not just accept them.
• Hadson GAS Sys., Inc. v. Fed. Energy Regulatory Comm'n
  877 F.2d 66· D.C. Cir.· 1989-06-02
  The court held that the Federal Energy Regulatory Commission (FERC) provided a reasoned basis for approving a natural gas pipeline's tariff requiring shippers to disclose end-user identities for interruptible service, as it prevents brokering and is not anticompetitive or inconsi
• The R.R. Comm'n OF Tex. v. Fed. Energy Regulatory Comm'n
  874 F.2d 1338· 10th Cir.· 1989-04-28
  The court held that FERC had jurisdiction to inquire into geological and proration matters, was not required to abstain, and its findings of fact were supported by substantial evidence and its conclusions of law were reasonable.
• The Superior OIL Co. v. W. Slope GAS Co.
  758 F.2d 500· 10th Cir.· 1985-03-20
• E. Tenn. Natural GAS Co. v. Fed. Energy Regulatory Comm'n
  677 F.2d 531· 6th Cir.· 1982-05-10
  The court held that the Federal Energy Regulatory Commission acted within its statutory authority in promulgating rules defining 'average per day use' and 'in existence on November 9, 1978' for small industrial boiler fuel user exemptions under the NGPA, and that the notice of ru