Legal Opinion

California Department of Water Resources v. Federal Energy Regulatory Commission

Court of Appeals for the Ninth Circuit

Decided August 27, 2003No. 01-71405PublishedCited by 13 opinions

1Opinion of the Court

OPINION

SCHROEDER, Chief Judge.

The California Department of Water Resources (“DWR”) is a state agency charged with managing California’s water supply. As a by-product of its operation of dams and reservoirs, it generates electricity that is subject to federal regulation. The Federal Energy Regulatory Commission (“FERC”) is a federal agency charged with regulating interstate energy markets, and as a by-product of that regulation, finds itself involved in regulating California’s water supply. The intersection of the agencies’ respective authority is the source of this dispute. DWR challenges a…

2Cases cited5 opinions

  1. Federal Trade Commission v. Standard Oil Co.Supreme Court of the United States · 1980
  2. Arizona Cattle Growers' Ass'n v. United States Fish & WildlifeCourt of Appeals for the Ninth Circuit · 2001
  3. The Steamboaters, an Oregon Non-Profit Corporation v. Federal Energy Regulatory, Commission, Kenneth Plumb, Secretary of Ferc, Winchester Water Control District, and Elektra Power Corporation, Winchester Water Control District and Elektra Power Corporation, Intervenors. Malcolm Baldrige, Secretary of Commerce v. Federal Energy Regulatory Commission, Winchester Water Control District and Elektra Power Corporation, IntervenorsCourt of Appeals for the Ninth Circuit · 1985
  4. California Department of Water Resources v. Federal Energy Regulatory CommissionCourt of Appeals for the D.C. Circuit · 2002
  5. Mt. Adams Veneer Co. v. United StatesCourt of Appeals for the Ninth Circuit · 1990

3Cited by13 opinions

  1. Public Utility District No. 1 of Snohomish County v. Bonneville Power AdministrationCourt of Appeals for the Ninth Circuit · 2007
  2. California Department of Water Resources v. Federal Energy Regulatory CommissionCourt of Appeals for the Ninth Circuit · 2007
  3. J.L. v. CissnaDistrict Court, N.D. California · 2018
  4. W. Watersheds Project v. ZinkeDistrict Court, D. Idaho · 2018
  5. Oregon Natural Desert Association v. United States Forest ServiceCourt of Appeals for the Ninth Circuit · 2006

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