Commonwealth Edison Company v. United States
Court of Appeals for the Federal Circuit
1Opinion of the Court
Opinion for the court filed by Circuit Judge DYK, in which Circuit Judges MICHEL, LOURIE, CLEVENGER, SCHALL, BRYSON, GAJARSA, and LINN join. Dissenting opinion filed by Chief Judge MAYER, in which Circuit Judges PAULINE NEWMAN and RADER join.
DYK, Circuit Judge.
This case is one of a large number of cases brought in the Court of Federal Claims challenging the constitutionality of the Energy Policy Act of 1992, Pub.L. No. 102-486,106 Stat. 2776 (codified as amended in various sections of 42 U.S.C.) (“EPACT” or “the Act”), which imposes special monetary assessments on domestic utilities for the…
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