Legal Opinion
Dominion Energy Brayton Point, LLC v. Johnson
Court of Appeals for the First Circuit
Decided March 30, 2006No. 05-2231PublishedCited by 37 opinions
1Opinion of the Court
SELYA, Circuit Judge.
USGen New England, Inc., now Dominion Energy Brayton Point, LLC (Dominion), filed suit against the U.S. Environmental Protection Agency, its administrator, and its regional office (collectively, the EPA), alleging that the EPA failed to perform a non-discretionary duty when it refused to grant Dominion’s request for a formal evidentia-ry hearing after issuing a proposed final National Pollution Discharge Elimination System (NPDES) permit. The district court dismissed the case for want of subject matter jurisdiction. On appeal, the central question presented concerns the…
2Cases cited12 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- National Cable & Telecommunications Assn. v. Brand X Internet ServicesSupreme Court of the United States · 2005
- United States v. Florida East Coast Railway Co.Supreme Court of the United States · 1973
- Intergen N v. v. GrinaCourt of Appeals for the First Circuit · 2003
- Metropolitan Stevedore Co. v. RamboSupreme Court of the United States · 1997
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3Cited by37 opinions
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- McCloskey v. MuellerCourt of Appeals for the First Circuit · 2006
- Evans v. AkersCourt of Appeals for the First Circuit · 2008
- United States v. EirbyCourt of Appeals for the First Circuit · 2008
- Exelon Wind 1, L.L.C. v. Donna Nelson, et aCourt of Appeals for the Fifth Circuit · 2014
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