Summary
The court considered whether a party is entitled to bring a private action for treble damages and injunctive relief under section 210 of the Economic Stabilization Act when the underlying violations have already been the subject of a remedial order by the Federal Energy Administration. The court held that the entry of a remedial order does not foreclose the complainant's right to institute a private action for damages and injunctive relief under section 210. The court reasoned that the administrative and private remedies provided by the Act are independent and serve different purposes, with private remedies focusing on the relationship between a violator and an aggrieved party, while administrative remedies focus on the relationship between a violator and the federal government.
Holdings
- The entry of a remedial order by the Federal Energy Administration or Department of Energy does not foreclose an aggrieved party's right to institute a private action for damages and injunctive relief under section 210 of the Economic Stabilization Act.
- Potential inconsistency between a private judicial determination and a prior or subsequent agency determination does not require dismissal of the private action; courts may use less drastic procedures to manage the conflict.
Questions Presented
- Whether the entry of a final Federal Energy Administration remedial order forecloses an aggrieved party from bringing a private action for treble damages and injunctive relief under section 210 of the Economic Stabilization Act.
- Whether the potential conflict between a private judicial action and an administrative order requires dismissal of the private action rather than use of procedures such as primary-jurisdiction abstention, agency participation, discovery, or adjustment of damages.
Disposition
reversed_and_remanded
Cases Cited (10)
- In re Atlantic Richfield Co., 1976-1977 CCH Energy Management Transfer Binder ¶ 85,023(applied)
- Evanson v. Union Oil Co. of California, 5 CCH Energy Management ¶ 26,056 (D. Minn. 1976)(approved)
- Ashland Oil Co. of California v. Union Oil Co. of California, 567 F.2d 984, 990 n.11 (Em.App. 1977), cert. denied, 435 U.S. 994, 98 S.Ct. 1644, 56 L.Ed.2d 83 (1978)(followed)
- Air Products & Chemicals, Inc. v. United Gas Pipeline Co., 503 F.2d 1060 (Em.App. 1974)(followed)
- Orange & Rockland Utilities, Inc. v. Howard Oil Co., 416 F. Supp. 460, 465 (S.D.N.Y. 1976)(followed)
- Brennan Petroleum P. Co., Inc. v. Pasco Petroleum Co., Inc., 373 F. Supp. 1312, 1315 (D. Ariz. 1974)(followed)
- Dyke v. Gulf Oil Corp., 601 F.2d 557 (Em.App. 1979)(followed)
- Terrell Oil Corp. v. Atlantic Richfield Co., 468 F. Supp. 860 (E.D. Tenn. 1978)(followed)
- Pasco, Inc. v. FEA, 525 F.2d 1391, 1400-1401 (Em.App. 1975)(followed)
- Far East Conference v. United States, 342 U.S. 570, 574-575, 72 S.Ct. 492, 494, 96 L.Ed. 576 (1952)(followed)
Cited In (0)
No citing cases on record yet.