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FERC Gave Fuel Pipelines Unfair Leverage, DC Circ. Told

Law360, Washington (February 13, 2018, 3:16 PM EST) -- United Airlines Inc. and UPS Fuel Services Inc. on Tuesday urged a D.C. Circuit panel to upend a Federal Energy Regulatory Commission decision they say gave pipelines unfair leverage over would-be fuel shippers seeking carriage of petroleum products.

At issue is a FERC decision concluding that the agency lacked authority under the Interstate Commerce Act to require that Enterprise TE Products Pipeline Co. LLC continue shipping jet fuel, diesel and other petroleum products through its pipeline system. An attorney for United and UPS maintained in oral...
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