Legal Opinion
New Orleans Public Service, Inc. v. The Council of the City of New Orleans
Court of Appeals for the Fifth Circuit
Decided October 17, 1990No. 90-3050PublishedCited by 21 opinions
1Opinion of the Court
PATRICK E. HIGGINBOTHAM, Circuit Judge:
New Orleans Public Service, Inc. asks us to reverse the district court’s determination that the Council’s retail rate order is not “facially” preempted by federal law, specifically a wholesale rate order the Federal Energy Regulatory Commission made under the Federal Power Act. The Council’s order prevented NOPSI from recovering, in its retail rate, wholesale costs FERC ordered it to incur as a result of its participation in building the Grand Gulf 1 nuclear reactor in Port Gibson, Mississippi. In the alternative, NOPSI asks us to reverse the district…
2Cases cited37 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Younger v. HarrisSupreme Court of the United States · 1971
- Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
- Colorado River Water Conservation District v. United StatesSupreme Court of the United States · 1976
- Gulf Oil Corp. v. GilbertSupreme Court of the United States · 1947
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3Cited by21 opinions
- Marvin F. Tyrer v. City of South Beloit, IllinoisCourt of Appeals for the Seventh Circuit · 2006
- Adrian Energy Associates v. Michigan Public Service Commission, Consumers Energy Company, Intervenor-DefendantCourt of Appeals for the Sixth Circuit · 2007
- Kelly Investment, Inc. v. Continental Common Corp.Court of Appeals for the Fifth Circuit · 2003
- Metropolitan Edison Co. v. Pennsylvania Public Utility CommissionCourt of Appeals for the Third Circuit · 2014
- Gulf States Utilities Co. v. Public Utility CommissionCourt of Appeals of Texas · 1992
16 more not listed; retrieve them via the Exa API.