Legal Opinion

California Department of Water Resources v. Federal Energy Regulatory Commission

Court of Appeals for the Ninth Circuit

Decided February 24, 2004No. 01-71405PublishedCited by 6 opinions

1Opinion of the Court

ORDER

The only issue raised in the Federal Energy Regulatory Commission’s (“FERC”) petition for rehearing is whether this court lacked jurisdiction to review a FERC decision because it was not sufficiently final. Our opinion is reported at 341 F.3d 906 (9th Cir.2003).

FERC argues that we do not have jurisdiction because the California Department of Water Resources (“DWR”) sought judicial review of one issue in a FERC order, while simultaneously seeking agency reconsideration of separate, unrelated issues in the same order. FERC asks us to follow a D.C. Circuit case which held that “once a party…

2Cases cited4 opinions

  1. Robert Nmi Murray, Dba: America Speaks v. Cable National Broadcasting Company, Dba: America's TalkingCourt of Appeals for the Ninth Circuit · 1996
  2. Bellsouth Corp. v. Federal Communications CommissionCourt of Appeals for the D.C. Circuit · 1994
  3. Fourth Branch Associates (Mechanicville) v. Federal Energy Regulatory Commission, Niagara Mohawk Power Corporation, IntervenorCourt of Appeals for the Fourth Circuit · 2001
  4. Public Citizen Inc. v. MinetaCourt of Appeals for the Ninth Circuit · 2003

3Cited by6 opinions

  1. City of Arlington v. Federal Communications CommissionCourt of Appeals for the Fifth Circuit · 2012
  2. United States v. MosesCourt of Appeals for the Ninth Circuit · 2007
  3. California ex rel. Harris v. Federal Energy Regulatory CommissionCourt of Appeals for the Ninth Circuit · 2015
  4. California Department Of Water Resources v. Federal Energy Regulatory CommissionCourt of Appeals for the Ninth Circuit · 2004
  5. The People of the State of Ca v. FercCourt of Appeals for the Ninth Circuit · 2015

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