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Consolidated Edison Co. of New York, Inc. v. Ashcroft

Where U.S. Attorney General recovered a judgment on behalf of utilities, including plaintiffs, that included a surcharge payable to Attorney General pursuant to Federal Debt Collection Procedures Act, denial of writ seeking a direction that Attorney General pay surcharge to plaintiffs affirmed; plaintiffs failed to show that Attorney General's retention of surcharge amounted to a violation of a clear ministerial duty.

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Argued March 15, 2002

Following decades of oil overcharge litigation under the Economic Stabilization Act of 1970, the United States Attorney General recovered a multi-million dollar judgment on behalf of thirty-seven utilities, including the three appellants. Awarded by the United States District Court for the Southern District of Alabama, that judgment included an $800,000 surcharge payable to the Attorney General pursuant to the Federal Debt Collection Procedures Act. Appellants then filed suit in the United States District Court for the District of Columbia seeking a writ of mandamus that would direct the Attorney General to pay the $800,000 to them. Concluding that Appellants failed to show that the Attorney General’s retention of the surcharge amounted to a violation of a clear ministerial duty that would warrant mandamus, the district court denied the writ. We agree.

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