Legal Opinion

Electric Power Supply Ass'n v. Federal Energy Regulatory Commission

Court of Appeals for the D.C. Circuit

Decided December 10, 2004No. 03-1182PublishedCited by 27 opinions

1Opinion of the Court

Opinion for the Court filed by Circuit Judge EDWARDS.

HARRY T. EDWARDS, Circuit Judge.

Section 557(d) of the Administrative Procedure Act (“APA”), enacted as part of the Government in the Sunshine Act, Pub. L. No. 94-409, § 4(a), 90 Stat. 1241, 1246 (1976)(the “Sunshine Act”), prohibits “ex parte communication^] relevant to the merits of [a prescribed] proceeding” between an “interested person outside the agency” and an agency decision maker. 5 U.S.C. § 557(d)(1)(A), (B) (2000). The regulations of the Federal Energy Regulatory Commission (the “Commission” or “FERC”) implementing § 557(d) are…

2Cases cited16 opinions

  1. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  2. Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
  3. Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
  4. Florida Audubon Society v. Lloyd M. Bentsen, Secretary of the Treasury, and Margaret Richardson, Commissioner of the Internal Revenue ServiceCourt of Appeals for the D.C. Circuit · 1996
  5. The Toilet Goods Association, Inc. v. John w.ga Rdner, Secretary of Health, Education, and WelfareSupreme Court of the United States · 1967

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3Cited by27 opinions

  1. The Center for Law and Education v. Department of EducationCourt of Appeals for the D.C. Circuit · 2005
  2. Shays v. Federal Election CommissionCourt of Appeals for the D.C. Circuit · 2005
  3. National Ass'n of Home Builders v. United States Army Corps of EngineersCourt of Appeals for the D.C. Circuit · 2005
  4. Venetian Casino Resort, L.L.C. v. Equal Employment Opportunity CommissionCourt of Appeals for the D.C. Circuit · 2005
  5. Cohen v. United StatesCourt of Appeals for the D.C. Circuit · 2011

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

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