Legal Opinion
Malta Irrigation District v. Federal Energy Regulatory Commission, Continental Hydro Corporation, Intervenor
Court of Appeals for the D.C. Circuit
Decided February 7, 1992No. 90-1584, 90-1606 and 91-1094PublishedCited by 7 opinions
1Opinion of the Court
Opinion for the court filed by Circuit Judge RUTH BADER GINSBURG.
RUTH BADER GINSBURG, Circuit Judge:
The Federal Power Act instructs the Federal Energy Regulatory Commission (FERC or Commission) to accord “municipalities” a preference as applicants for permits and licenses to develop hydroelectric power projects. See 16 U.S.C. §§ 796(7), 800(a). This case, involving a project to develop the Tiber Dam in Liberty County, Montana, concerns FERC’s determination that the municipal preference provision was jointly abused by petitioners Liberty County, Town of Chester, and MRR, a private developer.…
2Cases cited5 opinions
- Niagara Mohawk Power Corporation v. Federal Power CommissionCourt of Appeals for the D.C. Circuit · 1967
- Town of Norwood, Massachusetts v. Federal Energy Regulatory Commission, Boston Edison Company, IntervenorCourt of Appeals for the D.C. Circuit · 1990
- Columbia Gas Transmission Corporation v. Federal Energy Regulatory Commission, United Gas Pipe Line Company, IntervenorCourt of Appeals for the D.C. Circuit · 1984
- City of Dothan, Alabama v. Federal Energy Regulatory Commission, Municipal Electric Authority of Georgia, IntervenorCourt of Appeals for the D.C. Circuit · 1982
- Uncompahgre Valley Water Users Ass'n v. Federal Energy Regulatory CommissionCourt of Appeals for the Tenth Circuit · 1986
3Cited by7 opinions
- Skokomish Indian Tribe v. Federal Energy Regulatory CommissionCourt of Appeals for the Ninth Circuit · 1997
- Kelley ex rel. Michigan Department of Natural Resources v. Federal Energy Regulatory CommissionCourt of Appeals for the D.C. Circuit · 1996
- Kelley v. Federal Energy Regulatory CommissionCourt of Appeals for the Federal Circuit · 1996
- Northwest Pipeline Corp. v. Federal Energy Regulatory CommissionCourt of Appeals for the Tenth Circuit · 1995
- Oconto Falls v. Federal Energy Regulatory CommissionCourt of Appeals for the D.C. Circuit · 1994
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