Bay County, Florida v. United States

CLEVENGER, Circuit Judge.

The United States appeals the decision of the United States Court of Federal Claims, holding that Bay County, Florida is an independent regulatory body and may revise rates in utility contracts with out resorting to negotiations with the Air Force. Bay County v. United States, 112 Fed.Cl. 195, 203-04 (2013). This court has jurisdiction under 28 U.S.C. § 1295(a)(3) (2012). Because the Court of Federal Claims correctly applied the regulatory definitions of independent and nonindependent regulatory bodies, we affirm.

I

Bay County, Florida (“Bay County” or “County”) owns…