Legal Opinion

Thomas Hodgson & Sons, Inc. v. Federal Energy Regulatory Commission

Court of Appeals for the First Circuit

Decided March 13, 1995No. 93-1503, 94-1752PublishedCited by 17 opinions

1Opinion of the Court

BOWNES, Senior Circuit Judge.

Petitioner, Thomas Hodgson and Sons, Inc. (Hodgson), appeals from a second order by respondent, the Federal Energy Regulatory Commission (FERC), denying Hodgson a rehearing, and from' FERC’s finding that the operation of Hodgson’s China Mill hydroelectric plant (China Mill) came under the licensing jurisdiction of Section 23(b) of the Federal Power Act (FPA)21 pursuant to FERC’s “post-1935 construction” rule. FERC claims that for purposes of Section 23(b), shutting down a hydroelectric plant for twelve years after 1935 and powering it back up to its former…

2Cases cited7 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. National Railroad Passenger Corporation v. Boston & Maine Corp.Supreme Court of the United States · 1992
  3. Boston Edison Company v. Federal Energy Regulatory Commission, City of Holyoke Gas and Electric Department, IntervenorsCourt of Appeals for the First Circuit · 1988
  4. Puget Sound Power & Light Company v. Federal Power CommissionCourt of Appeals for the Ninth Circuit · 1977
  5. The Farmington River Power Company v. Federal Power CommissionCourt of Appeals for the Second Circuit · 1972

2 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Elaine Valerio v. Putnam Associates IncorporatedCourt of Appeals for the First Circuit · 1999
  2. Paul A. Blackburn v. Robert B. Reich, Secretary of Labor Metric Constructors, IncorporatedCourt of Appeals for the Fourth Circuit · 1996
  3. James M. Knott, Sr. Riverdale Power & Electric Co., Inc. v. Federal Energy Regulatory CommissionCourt of Appeals for the First Circuit · 2004
  4. L.S. Starrett Co. v. Federal Energy Regulatory CommissionCourt of Appeals for the First Circuit · 2011
  5. United States Department of the Interior v. Federal Energy Regulatory CommissionCourt of Appeals for the First Circuit · 2015

12 more not listed; retrieve them via the Exa API.

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