October 20, 2022, opinions

Posted on by tadbartlett

Designated for publication

  • BP America, Inc. v. FERC, 16-60604, c/w 21-60083, petitions for review of FERC orders
    • Jolly, J. (Jolly, Willett, Oldham), Natural Gas Act
    • Granting in part and denying in part BP’s petitions for review of FERC enforcement orders against BP that, in the wake of Hurricane Ike in 2008, BP exploited resulting chaos in the commodities markets to manipulate the natural gas market, which orders levied a $20 million fine on BP. The Court held that FERC had authority to levy the fine, but not as to all of BP’s natural gas transactions, and remanded for reassessment of the penalty.
    • The Court held that FERC’s jurisdiction over market-manipulation activities does not extend to purely intrastate transactions employed in the market-manipulation activities, but is limited to interstate transactions under the NGA. “[O]ur textual analysis and relevant precedent compel the conclusion that the Commission cannot exercise its jurisdiction [over intrastate transactions] merely because a manipulative scheme may affect the prices of interstate natural gas trades.” Nevertheless, the Court held that there was substantial evidence on the record to support FERC’s finding that 18 of the challenged transactions involved natural gas that had been involved in upstream interstate transport prior to the intrastate transaction at issue.
    • The Court then held that FERC’s finding that BP had engaged in prohibited market manipulation was not arbitrary and capricious.
    • Because the fine had been based on the 18 covered transactions, but also on 36 other wholly-intra-state transactions, the Court remanded for recalculation of the penalty.

Unpublished

  • U.S. v. Minor, 21-10200, appeal from N.D. Tex.
    • per curiam (Jones, Southwick, Ho), habeas corpus, ineffective assistance of counsel
    • Affirming denial of § 2255 petition, and rejecting arguments of ineffective assistance of counsel.
  • U.S. v. Llanas, 21-10438, appeal from N.D. Tex.
    • per curiam (Jones, Haynes, Oldham), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Rivas-De Valencia v. Garland, 21-60470, petition for review of BIA order
    • per curiam (Wiener, Elrod, Engelhardt), immigration
    • Denying Salvadoran citizen’s petition for review of BIA order dismissing appeal of IJ order denying motion to reopen.
  • U.S. v. Garza, 22-10173, appeal from N.D. Tex.
    • per curiam (Smith, Dennis, Southwick), criminal, sentencing
    • Affirming 168-month sentence on conviction of conspiracy to possess with intent to distribute a mixture and substance containing a detectable amount of methamphetamine.
  • U.S. v. Davis, 22-20205, appeal from S.D. Tex.
    • per curiam (Davis, Duncan, Engelhardt), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Edward, 22-20213, appeal from S.D. Tex.
    • per curiam (Jones, Haynes, Oldham), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Fonda v. Rettig, 22-20314, appeal from S.D. Tex.
    • per curiam (Stewart, Duncan, Wilson), § 1983
    • Affirming dismissal of plaintiff’s “sovereign citizen” petition for issuance of a new passport.
  • Blalock v. Union Pacific Railroad Co., 22-30100, appeal from W.D. La.
    • per curiam (Stewart, Duncan, Wilson), personal tort
    • Affirming summary judgment dismissal of claims against railroad arising from delay in ambulance transportation.
  • U.S. v. Hyrtado, 22-40143, appeal from S.D. Tex.
    • per curiam (Jones, Haynes, Oldham), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.