Mobil Oil Corp. v. Department of Energy

Summary

The Emergency Court of Appeals reviews a second appeal involving the validity and effect of the Department of Energy's April 30, 1974 amendment to the Mandatory Petroleum Price Regulations. The court affirms the district court's revised judgment, holding that the amendment was invalid and that the judgment properly incorporated statutory limitations applicable after February 1, 1976, while declining to address the validity or effect of later regulations.

Holdings

1. Review on a second appeal following remand is limited to determining whether the lower court reached its final decree in compliance with the prior appellate opinion and mandate; issues decided by the prior panel may not be reconsidered.
2. The district court's revised judgment complied with the prior mandate because it incorporated the provisions of section 4(b)(2)(D) of the amended Emergency Petroleum Allocation Act and did not permit a prohibited disproportionate allocation after February 1, 1976.
3. The court did not decide the validity or effect of the February 1, 1976 regulations or other subsequent regulations because the prior mandate did not require their consideration and the record was inadequate for review.

Questions Presented

1. Whether the district court's revised judgment complied with the prior opinion and mandate of the appellate court.
2. Whether the district court was required on remand to determine the validity and effect of the February 1, 1976 regulations.
3. Whether the judgment should further limit Mobil's passthrough of crude oil costs attributable to products exempt from price controls.

Disposition

affirmed