Opinion for the court filed by Circuit Judge DYK, in which Circuit Judges MICHEL, LOURIE, CLEVENGER, SCHALL, BRYSON, GAJARSA, and LINN join. Dissenting opinion filed by Chief Judge MAYER, in which Circuit Judges PAULINE NEWMAN and RADER join. DYK, Circuit Judge. This case is one of a large number of cases brought in the Court of Federal Claims challenging the constitutionality of the Energy Policy Act…
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