Federal Energy Administration v. Algonquin SNG, Inc.

PETITIONER: Federal Energy Administration
RESPONDENT: Algonquin SNG, Inc.
LOCATION: District Attorney’s Office, County of Los Angeles

DOCKET NO.: 75-382
DECIDED BY: Burger Court (1975-1981)
LOWER COURT: United States Court of Appeals for the District of Columbia Circuit

CITATION: 426 US 548 (1976)
ARGUED: Apr 20, 1976
DECIDED: Jun 17, 1976

ADVOCATES:
Francis X. Bellotti - for respondents
Harold B. Dondis - for respondents
Robert H. Bork - for petitioners

Facts of the case

Question

Media for Federal Energy Administration v. Algonquin SNG, Inc.

Audio Transcription for Oral Argument - April 20, 1976 in Federal Energy Administration v. Algonquin SNG, Inc.

Audio Transcription for Opinion Announcement - June 17, 1976 in Federal Energy Administration v. Algonquin SNG, Inc.

Thurgood Marshall:

The next case 75-382, Federal Energy Administration against Algonquin SNG.

The case is here on writ of certiorari to the United States Court of Appeals for the District of Columbia.

Section 232 (b) of the Trade Expansion Act of 1962 provides that on finding that an article is being imported in such quantities or under such circumstances as to threaten to impair the national security, the President is authorized to take such action, as he deems necessary to adjust the imports of the article, so that such imports will no longer threaten to impair the national security.

Invoking this provision, President Nixon imposed a license fee system of all imports in 1973 and President Ford modified the system in 75.

Respondents challenged the license fee system in two suits brought in federal district court.

The district court denied respondents relief, but the Court of Appeals reversed.

It held that 232 (b)'s authorization to the President to take such action as he deems necessary to adjust the imports, extends only to quantitative methods of adjustment such as imposition of quotas and does not authorize the imposition of the license.

Our examination of the language of 232 (b) as well as it's legislative history, we conclude that the provision does indeed authorize the President to impose a system of license fees on all imports.

Therefore we reverse the judgment of the Court of Appeals.

Warren E. Burger:

Thank you, Mr. Justice Marshall.