Legal Opinion

California Trout v. Federal Energy Regulatory Commission

Court of Appeals for the Ninth Circuit

Decided July 20, 2009No. 07-73664, 07-74494, 08-71593PublishedCited by 42 opinions

1Opinion of the Court

Opinion by Judge BYBEE; Dissent by Judge GOULD.

BYBEE, Circuit Judge:

The Supreme Court has long stressed that “the formulation of procedures [is] basically to be left within the discretion of the agencies to which Congress [has] confided the responsibility for substantive judgments.” Vt. Yankee Nuclear Power Corp. v. Natural Res. Def. Council, Inc., 435 U.S. 519, 524-25, 98 S.Ct. 1197, 55 L.Ed.2d 460 (1978). Agencies must have the ability to manage their own dockets and set reasonable limitations on the processes by which interested persons can support or contest proposed actions. In this…

2Cases cited40 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
  3. Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
  4. Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1947
  5. Califano v. SandersSupreme Court of the United States · 1977

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

3Cited by42 opinions

  1. Crista Ramos v. Chad WolfCourt of Appeals for the Ninth Circuit · 2020
  2. Anthony Alphonsus v. Eric Holder, Jr.Court of Appeals for the Ninth Circuit · 2013
  3. In Defense of Animals v. U.S. Department of the InteriorCourt of Appeals for the Ninth Circuit · 2014
  4. Charles R. Otwell, Sr. v. Alabama Power CompanyCourt of Appeals for the Eleventh Circuit · 2014
  5. Northwest Requirements Utilities v. Federal Energy Regulatory CommissionCourt of Appeals for the Ninth Circuit · 2015

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

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