Legal Opinion

Chippewa & Flambeau Improvement Co. v. Federal Energy Regulatory Commission

Court of Appeals for the D.C. Circuit

Decided April 18, 2003No. 01-1329PublishedCited by 11 opinions

1Opinion of the Court

Opinion for the Court filed by Chief Judge GINSBURG.

GINSBURG, Chief Judge:

The Chippewa and Flambeau Improvement Company petitions for review of a series of orders in which the Federal Energy Regulatory Commission concluded that the Company must obtain a license under the Federal Power Act for its Turtle-Flambeau reservoir on the Flambeau River in northern Wisconsin. We reject the Company’s arguments that the reservoir is not subject to the Commission’s jurisdiction and hence we deny the petition.

I. Background

In 1924 the predecessor of the Company filed with the predecessor of the Commission a…

2Cases cited5 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. United States v. Appalachian Electric Power Co.Supreme Court of the United States · 1941
  3. Towns of Concord, Norwood, and Wellesley, Massachusetts v. Federal Energy Regulatory Commission, Boston Edison Company, IntervenorCourt of Appeals for the D.C. Circuit · 1992
  4. Pearson v. ShalalaCourt of Appeals for the D.C. Circuit · 1999
  5. Nantahala Power and Light Company v. Federal Power CommissionCourt of Appeals for the Fourth Circuit · 1967

3Cited by11 opinions

  1. Herrera v. WyomingSupreme Court of the United States · 2019
  2. Huawei Tech USA v. FCCCourt of Appeals for the Fifth Circuit · 2021
  3. PDK Laboratories Inc. v. United States Drug Enforcement AdministrationCourt of Appeals for the D.C. Circuit · 2006
  4. Domtar Maine Corp. v. Federal Energy Regulatory CommissionCourt of Appeals for the D.C. Circuit · 2003
  5. Kiewit Power Constructors Co. v. Secretary of LaborCourt of Appeals for the D.C. Circuit · 2020

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