GULF OIL CORPORATION, ATLANTIC RICHFIELD COMPANY, AND CHEVRON U.S.A., INC., PLAINTIFFS-APPELLEES,
v.
UNITED STATES DEPARTMENT OF ENERGY ET AL., DEFENDANTS-APPELLANTS; UNITED STATES DEPARTMENT OF ENERGY ET AL., DEFENDANTS-PETITIONERS, V. HONORABLE GERHARD A. GESELL, JUDGE OF THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA, RESPONDENT
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The appellate court dismissed the appeal for want of jurisdiction because it only has jurisdiction over issues arising under the Economic Stabilization Act or the Emergency Petroleum Allocation Act.
Plaintiffs-appellees claimed administrative hearings were tainted by document destruction and ex parte communications. The district court directed the…
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We do not reach the merits of this appeal from the interlocutory order of the district court directing the Secretary of Energy to appoint an independent administrative law judge for the sole purpose of supervising the necessary discovery proceedings in the then pending administrative hearing before the Office of Hearings and Appeals (OHA), which the plaintiffs-appellees claimed, in the district court, had been tainted by the destruction of documents and certain ex parte communications between the Office of Special Counsel (OSC), the prosecutorial entity in the administrative proceedings, and OHA; nor can we consider the correctness of the district court’s ruling on the motion to dismiss filed by the defendants-appellants. While the unique factual situation is of interest, the appellate jurisdiction of this court embraces only issues arising under the Economic Stabilization Act (ESA) or the Emergency Petroleum Allocation Act (EPAA), and we look only to the nature of the issue on appeal and not to the nature of the underlying case or controversy.
Being of the opinion that we were controlled by Texaco, Inc. v. Department of Energy, 616 F. 2d 1193 (Em.App.1979), it is
ORDERED and ADJUDGED that this appeal be and it hereby is DISMISSED for want of jurisdiction.
Our ruling on the jurisdictional issue similarly disposes of the petition for issuance of a writ of mandamus. Aside from the jurisdictional question, we do not believe that this is a proper case for the extraordinary remedy of mandamus. The writ will not issue merely because the court may have committed reversible error. Bankers’ Life & Casualty Co. v. Holland, 346 U.S. 379, 382-83, 74 S.Ct. 145, 147-48, 98 L.Ed. 106 (1953). It is
ORDERED and ADJUDGED that the petition for issuance of a writ of mandamus be, and it hereby is, DENIED.
The stay heretofore entered in this proceeding is ORDERED VACATED. The court assumes that the district court will fix a new schedule for compliance with its prior order.
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Citator
Cited By
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MGPC, Inc. v. Dep't OF Energy, 673 F.2d 1277 (Temp. Emer. Ct. App. 1982)
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Atl. Richfield Co. v. United States Dep't of Energy, 769 F.2d 771 (D.C. Cir. 1984)
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Gulf OIL Corp. v. United States Dep't OF Energy, 663 F.2d 296 (D.C. Cir. 1981)
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Bankers Life & Cas. Co. v. Holland, 346 U.S. 379 (U.S. 1953)
- Texaco Inc. v. Dep't OF Energy, 616 F.2d 1193 (Temp. Emer. Ct. App. 1979)