42 U.S.C. § 6202

Definitions

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As used in this chapter:(1) The term “Secretary” means the Secretary of Energy.(2) The term “person” includes (A) any individual, (B) any corporation, company, association, firm, partnership, society, trust, joint venture, or joint stock company, and (C) the government and any agency of the United States or any State or political subdivision thereof.(3) The term “petroleum product” means crude oil, residual fuel oil, or any refined petroleum product (including any natural liquid and any natural gas liquid product).(4) The term “State” means a State, the District of Columbia, Puerto Rico, the Trust Territory of the Pacific Islands, or any territory or possession of the United States.(5) The term “United States” when used in the geographical sense means all of the States and the Outer Continental Shelf.(6) The term “Outer Continental Shelf” has the same meaning as such term has under section 1331 of title 43.(7) The term “international energy program” means the Agreement on an International Energy Program, signed by the United States on November 18, 1974, including (A) the annex entitled “Emergency Reserves”, (B) any amendment to such Agreement which includes another nation as a party to such Agreement, and (C) any technical or clerical amendment to such Agreement.(8) The term “severe energy supply interruption” means a national energy supply shortage which the President determines—(A) is, or is likely to be, of significant scope and duration, and of an emergency nature;(B) may cause major adverse impact on national safety or the national economy; and(C) results, or is likely to result, from (i) an interruption in the supply of imported petroleum products, (ii) an interruption in the supply of domestic petroleum products, or (iii) sabotage, an act of terrorism, or an act of God.(9) The term “antitrust laws” includes—(A) the Act entitled “An Act to protect trade and commerce against unlawful restraints and monopolies”, approved July 2, 1890 (15 U.S.C. 1, et seq.);(B) the Act entitled “An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes”, approved October 15, 1914 (15 U.S.C. 12, et seq.);(C) the Federal Trade Commission Act (15 U.S.C. 41, et seq.);(D) sections 73 and 74 of the Act entitled “An Act to reduce taxation, to provide revenue for the Government, and for other purpose”, approved August 27, 1894 (15 U.S.C. 8 and 9); and(E) the Act of June 19, 1936, chapter 592 (15 U.S.C. 13, 13a, 13b, and 21A).(10) The term “Federal land” means all lands owned or controlled by the United States, including the Outer Continental Shelf, and any land in which the United States has reserved mineral interests, except lands—(A) held in trust for Indians or Alaska Natives,(B) owned by Indians or Alaska Natives with Federal restrictions on the title,(C) within any area of the National Park System, the National Wildlife Refuge System, the National Wilderness Preservation System, the National System of Trails, or the Wild and Scenic Rivers System, or(D) within military reservations.(Pub. L. 94–163, § 3, Dec. 22, 1975, 89 Stat. 874; Pub. L. 95–619, title VI, § 691(a), Nov. 9, 1978, 92 Stat. 3287; Pub. L. 98–454, title VI, § 601(f), Oct. 5, 1984, 98 Stat. 1736; Pub. L. 101–383, § 3(a), Sept. 15, 1990, 104 Stat. 727; Pub. L. 114–74, title IV, § 401(b), Nov. 2, 2015, 129 Stat. 589.)Editorial NotesReferences in Text

This chapter, referred to in introductory clause, was in the original “this Act”, meaning Pub. L. 94–163, Dec. 22, 1975, 89 Stat. 871, known as the Energy Policy and Conservation Act. For complete classification of this Act to the Code, see Short Title note set out under section 6201 of this title and Tables.

Act approved July 2, 1890, referred to in par. (9)(A), is act July 2, 1890, ch. 647, 26 Stat. 209, known as the Sherman Act, which is classified to sections 1 to 7 of Title 15. For complete classification of this Act to the Code, see Short Title note set out under section 1 of Title 15 and Tables.

Act approved October 15, 1914, referred to in par. (9)(B), is act Oct. 15, 1914, ch. 323, 38 Stat. 730, known as the Clayton Act, which is classified generally to sections 12, 13, 14 to 19, 21, and 22 to 27 of Title 15, and sections 52 and 53 of Title 29, Labor. For further details and complete classification of this Act to the Code, see References in Text note set out under section 12 of Title 15 and Tables.

The Federal Trade Commission Act, referred to in par. (9)(C), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, which is classified generally to subchapter I (§ 41 et seq.) of chapter 2 of Title 15. For complete classification of this Act to the Code, see section 58 of Title 15 and Tables.

Act of June 19, 1936, chapter 592, referred to in par. (9)(E), is act June 19, 1936, ch. 592, 49 Stat. 1526, popularly known as the Robinson-Patman Antidiscrimination Act and also as the Robinson-Patman Price Discrimination Act, which enacted sections 13a, 13b, and 21a of Title 15, Commerce and Trade, and amended section 13 of Title 15. For complete classification of this Act to the Code, see Short Title note set out under section 13 of Title 15 and Tables.

Amendments

2015—Par. (8)(C)(iii). Pub. L. 114–74 substituted “sabotage, an act of terrorism, or an act of God” for “sabotage or an act of God”.

1990—Par. (8)(C). Pub. L. 101–383 inserted “(i)” before “an interruption” and substituted “(ii) an interruption in the supply of domestic petroleum products, or (iii)” for “or from”.

1984—Par. (4). Pub. L. 98–454 inserted reference to Trust Territory of the Pacific Islands.

1978—Par. (1). Pub. L. 95–619 substituted definition of “Secretary”, meaning the Secretary of Energy, for definition of “Administrator”, meaning Administrator of the Federal Energy Administration.

Executive DocumentsTermination of Trust Territory of the Pacific Islands

For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.

Notes of Decisions

Cited in 3 cases, 1982–2018 · leading case: Nat. Res. Def. Council v. Nat'l High. Traffic Saf. Admin., 894 F.3d 95 (2d Cir. 2018).

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Nat. Res. Def. Council v. Nat'l High. Traffic Saf. Admin., 894 F.3d 95 (2d Cir. 2018). “" 42 U.S.C. § 6202 (2). NHTSA does not dispute that EPCA's statutory language and framework suggest that states are "persons" for purposes of judicial review under EPCA.”

Nat. Resources Def. Council v. Nat'l High. Traffic Saf. (2d Cir. 2018). “” 42 U.S.C. § 6202 (2). NHTSA does not dispute 10 that EPCA’s statutory language and framework suggest that states are “persons” 11 for purposes of judicial review under EPCA.”

Legal Authorities Available to the President to Respond to a Severe Energy Supply Interruption or Other Substantial Reduction in Available Petroleum Prods. (OLC 1982). · cites it 2× “27 A “ severe energy supply interruption” is defined by § 3(8) of the Act, 42 U.S.C. § 6202 (8), as a national energy supply shortage which the President determines— (A) is, or is likely to be, of significant scope and duration, and of an emergency nature; (B) may cause major…”

— 42 U.S.C. § 6202(7) — 1 case

Legal Authorities Available to the President to Respond to a Severe Energy Supply Interruption or Other Substantial Reduction in Available Petroleum Prods. (OLC 1982). “27 A “ severe energy supply interruption” is defined by § 3(8) of the Act, 42 U.S.C. § 6202 (8), as a national energy supply shortage which the President determines— (A) is, or is likely to be, of significant scope and duration, and of an emergency nature; (B) may cause major…”

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