Legal Opinion
Eastern Niagara Public Power Alliance & Public Power Coalition v. Federal Energy Regulatory Commission
Court of Appeals for the D.C. Circuit
Decided March 13, 2009No. 07-1472PublishedCited by 2 opinions
1Opinion of the Court
Opinion for the Court filed by Circuit Judge KAVANAUGH.
KAVANAUGH, Circuit Judge.
From 1958 to 2007, the New York Power Authority operated the Niagara Power Project pursuant to a 50-year license granted by what is now the Federal Energy Regulatory Commission. In 2007, FERC approved NYPA’s relicensing application and granted a new 50-year license. Several communities in western New York have challenged FERC’s 2007 licensing decision as arbitrary and capricious and unsupported by substantial evidence. We deny their petition because FERC’s decision to issue the new license was reasonable and…
2Cases cited3 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
- Brady v. Federal Energy Regulatory CommissionCourt of Appeals for the D.C. Circuit · 2005
3Cited by2 opinions
- Niagara Preservation, Coalition, Inc. v. Federal Energy Regulatory CommissionDistrict Court, District of Columbia · 2013
- Andersen v. Federal Energy Regulatory CommissionCourt of Appeals for the Ninth Circuit · 2014