Legal Opinion

Office of Consumers' Counsel v. Federal Energy Regulatory Commission

Court of Appeals for the D.C. Circuit

Decided December 8, 1980No. Nos. 80-1303, 80-1316, 80-1321 and 80-1326PublishedCited by 12 opinions

1Opinion of the Court

Opinion for the Court filed by Circuit Judge WALD.

Circuit Judge ROBB concurs in the result.

WALD, Circuit Judge:

Petitioners seek review of a decision1 by the Federal Energy Regulatory Commission (“FERC”) to grant a certificate of public convenience and necessity to Great Plains Gasification Associates (“Great Plains”) pursuant to Section 7 of the Natural Gas Act, 15 U.S.C. § 717 et seq. The certificate was issued to facilitate the construction and operation of a coal gasification plant which Great Plains wishes to build in Mercer County, North Dakota. We hold that FERC lacked jurisdiction to…

2Cases cited30 opinions

  1. Skidmore v. Swift & Co.Supreme Court of the United States · 1944
  2. Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1947
  3. Ernst & Ernst v. HochfelderSupreme Court of the United States · 1976
  4. Federal Power Commission v. Hope Natural Gas Co.Supreme Court of the United States · 1944
  5. Permian Basin Area Rate CasesSupreme Court of the United States · 1968

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3Cited by12 opinions

  1. National Wildlife Federation v. GorsuchCourt of Appeals for the D.C. Circuit · 1982
  2. United Nuclear Corp. v. CannonDistrict Court, D. Rhode Island · 1982
  3. Davidson v. District of Columbia Board of MedicineDistrict of Columbia Court of Appeals · 1989
  4. Public Utilities Commission Of The State Of Colorado v. Federal Energy Regulatory CommissionCourt of Appeals for the D.C. Circuit · 1981
  5. State of Mo. v. AndrewsDistrict Court, D. Nebraska · 1984

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