U.S. Code
»
Title 15
» Chapter CHAPTER 71— PETROLEUM OVERCHARGE DISTRIBUTION AND RESTITUTION
15 U.S.C. § 4502
Identification and disbursement of restitutionary amounts
(a) In general(1) Subject to paragraph (2)—(A) all rulings, policies, or other statements (including any administrative order or settlement agreement) issued after October 21, 1986, by any office, official, or employee of the Department of Energy; and(B) all orders, including declaratory judgments, issued by any court after October 21, 1986,shall be consistent with the provisions of this chapter.(2) Nothing in this section shall affect the settlement approved on July 7, 1986, in In Re: the Department of Energy Stripper Well Exemption Litigation, M.D.L. No. 378, in the United States District Court for the District of Kansas.(b) to (d) Repealed. Pub. L. 99–509, title III, § 3003(e), as added Pub. L. 105–277, div. A, § 101(e) [title III, § 337], Oct. 21, 1998, 112 Stat. 2681–231, 2681–295(e) Repeal of subsections (b) to (d); equitable distribution of escrow remainder to claimantsSubsections (b), (c), and (d) of this section are repealed, and any rights that may have arisen are extinguished, on the date of the enactment of the Department of the Interior and Related Agencies Appropriations Act, 1999. After that date, the amount available for direct restitution to current and future refined petroleum product claimants under this chapter is reduced by the amounts specified in title II of that Act as being derived from amounts held in escrow under section 4501(d) of this title. The Secretary shall assure that the amount remaining in escrow to satisfy refined petroleum product claims for direct restitution is allocated equitably among the claimants.
(Pub. L. 99–509, title III, § 3003, Oct. 21, 1986, 100 Stat. 1882; Pub. L. 105–277, div. A, § 101(e) [title III, § 337], Oct. 21, 1998, 112 Stat. 2681–231, 2681–295.)Editorial NotesReferences in TextThe Department of the Interior and Related Agencies Appropriations Act, 1999, referred to in subsec. (e), is section 101(e) of div. A of Pub. L. 105–277, Oct. 21, 1998, 112 Stat. 2681–231. Provisions of title II of the Act relating to amounts held in escrow under section 4501(d) of this title (112 Stat. 2681–276) are not classified to the Code. For complete classification of this Act to the Code, see Tables.
This chapter, referred to in subsec. (e), was in the original “this Act”, which was translated as meaning this subtitle, which enacted this chapter, to reflect the probable intent of Congress.
Amendments1998—Subsecs. (b) to (e). Pub. L. 105–277 added subsec. (e) which struck out subsec. (b) relating to disbursement of restitutionary amounts as direct restitution to injured persons, subsec. (c) relating to determination of excess amount to be used for indirect restitution, and subsec. (d) relating to disbursement of excess amount as indirect restitution for energy conservation programs.
Notes of Decisions
Texas Am. Oil Corp. v. United States Dep't of Energy, 44 F.3d 1557 (Fed. Cir. 1995).
· cites it 2× “The PODRA requires the DOE to reserve sufficient funds to make restitution to those who suffered the actual losses, 15 U.S.C. § 4502 (c)(1), and to pay the excess to federal and state treasuries “as indirect restitution”: 15 U.”
Consol. Edison Co. of New York v. Abraham, 271 F. Supp. 2d 104 (D.D.C. 2003).
· cites it 4× ““The PODRA requires the DOE to reserve sufficient funds to make restitution to those who suffered the actual losses, 15 U.S.C. § 4502 (c)(1), and to pay the excess to federal and state treasuries ‘as indirect restitution[.”
Kalodner, Philip v. Abraham, Spencer, 310 F.3d 767 (D.C. Cir. 2002).
“1997) (quoting 15 U.S.C. § 4502 ). DOE determines both eligibility for restitution and the amount each person should receive according to standards set forth in *769 10 C.”
Getty Oil Co. v. Dep't of Energy, 117 F.R.D. 540 (D. Del. 1987).
· cites it 3× “15 U.S.C. § 4502 (b)(1). Once restitution has been made to private parties, the funds are disbursed to the federal and state governments.”
Texas Am. Oil Corp. v. United States Dep't of Energy, 24 F.3d 210 (Fed. Cir. 1994).
· cites it 2× “The PODRA requires the DOE to reserve sufficient funds to make restitution to those who suffered the actual losses, 15 U.S.C. § 4502 (e)(1), and to pay the excess to federal and state treasuries “as indirect restitution”: 15 U.”
Sinclair Oil Corp. v. Abraham, 291 F.3d 822 (Fed. Cir. 2002).
· cites it 4× “” 15 U.S.C. § 4502 (b)(l)(A)-(C). Those regulations tasked DOE with identifying and providing restitution to claimants injured by any actual or alleged violations of the ESA, EPAA, and the MPPAR.”
United States Dep't of Energy v. Seneca Oil Co., 906 F.2d 1445 (10th Cir. 1990).
· cites it 2× “15 U.S.C. § 4502 (b). Any remaining funds are then to be distributed as “indirect restitution” to states for energy conservation programs and to the Federal treasury.”
Van Vranken v. United States Dep't of Energy, 882 F.2d 514 (Temp. Emerg. Ct. App. 1989).
“15 U.S.C. §§ 4502 (d), 4503. The district court below held that the “classes of persons” language contained in PODRA section 4502(b)(1)(A) refers to identifiable classes of retailers and resellers of petroleum products, which would include the already identified Rule 23…”
M. Spiegel & Sons, Inc. v. O'Leary, 943 F. Supp. 4 (D.D.C. 1996).
“15 U.S.C. § 4502 (b). *7 B. SOS’s 2 Refund Claim In 1974, SOS opened two new service stations, one in Centereach, New York and one in Elmont, New York.”
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