Legal Opinion
Albany Engineering Corp. v. Federal Energy Regulatory Commission
Court of Appeals for the D.C. Circuit
Decided November 28, 2008No. 07-1162PublishedCited by 27 opinions
1Opinion of the Court
Opinion for the Court filed by Senior Circuit Judge WILLIAMS.
Concurring opinion filed by Circuit Judge BROWN.
WILLIAMS, Senior Circuit Judge:
An upstream dam typically will render the downstream flow more even and predictable, enabling downstream hydropower plants to operate at a higher capacity. Farmington River Power Co. v. FERC, 103 F.3d 1002, 1004 (D.C.Cir.1997); see also 18 C.F.R. § 11.10(a)(2). To enable the upstream firms to recoup part of the cost of conferring these “headwater benefits,” Congress in § 10(f) of the Federal Power Act (“FPA”), 16 U.S.C. § 803(f) (2006), directed the…
2Cases cited22 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1943
- Medtronic, Inc. v. LohrSupreme Court of the United States · 1996
- Watters v. Wachovia Bank, N. A.Supreme Court of the United States · 2007
- Fidelity Federal Savings & Loan Ass'n v. De La CuestaSupreme Court of the United States · 1982
17 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Niagara Mohawk Power Corp. v. Hudson River-Black River Regulating DistrictCourt of Appeals for the Second Circuit · 2012
- Fayus Enterprises v. BNSF Railway Co.Court of Appeals for the D.C. Circuit · 2010
- Lindeen v. Securities & Exchange CommissionCourt of Appeals for the D.C. Circuit · 2016
- Erie Boulevard Hydropower, LP v. Federal Energy Regulatory CommissionCourt of Appeals for the D.C. Circuit · 2017
- Akins v. Federal Election CommissionDistrict Court, District of Columbia · 2010
22 more not listed; retrieve them via the Exa API.