Legal Opinion

Wisconsin Power & Light Co. v. Federal Energy Regulatory Commission

Court of Appeals for the D.C. Circuit

Decided April 6, 2004No. 03-1026PublishedCited by 17 opinions

1Opinion of the Court

Opinion for the Court filed by Circuit Judge ROGERS.

Concurring opinion filed by Circuit Judge RANDOLPH.

ROGERS, Circuit Judge:

In exercising judicial review under § 313(b) of the Federal Power Act (“FPA”), 16 U.S.C. § 825Z(b), the court is again confronted with the unusual statutory configuration where, in granting hydroelectric licenses, the Federal Energy Regulatory Commission is obligated both to conduct its own environmental assessment to protect and enhance fish and wildlife and to include such prescription conditions for fishways as the Secretary of the Interi- or may direct. See 16…

2Cases cited15 opinions

  1. Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
  2. Marsh v. Oregon Natural Resources CouncilSupreme Court of the United States · 1989
  3. Escondido Mutual Water Co. v. La Jolla Band of Mission IndiansSupreme Court of the United States · 1984
  4. United States Lines, Inc. v. Federal Maritime Commission and United States of America, Hapag-Lloyd A. G., IntervenorsCourt of Appeals for the D.C. Circuit · 1978
  5. City of Chicago, Illinois v. Federal Power Commission, Pipeline Production Group, IntervenorsCourt of Appeals for the D.C. Circuit · 1972

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3Cited by17 opinions

  1. Shands Jacksonville Medical Center, Inc. v. SebeliusDistrict Court, District of Columbia · 2015
  2. Affum v. United StatesCourt of Appeals for the D.C. Circuit · 2009
  3. New England Power Generators Ass'n v. Federal Energy Regulatiory CommissionCourt of Appeals for the D.C. Circuit · 2018
  4. Allegheny Power v. Federal Energy Regulatory CommissionCourt of Appeals for the D.C. Circuit · 2006
  5. Ameren Servs. Co. v. Fed. Energy Regulatory Comm'nCourt of Appeals for the D.C. Circuit · 2018

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