Department of Fish and Game of the State of California v. Federal Power Commission

DUNIWAY, Circuit Judge:

In our previous decision in this case we remanded to the Commission “for further proceedings, not inconsistent with this opinion, relating to the cost of operating and maintaining the fish trapping and egg taking facilities, and for such clarification of Article 50 as it may desire to make.” (Pacific Power & Light Co. v. FPC, 1964, 333 F.2d 689, 697.) Certiorari was sought by the Department of Fish and Game of the State of California. This was opposed by the Commission on the ground, inter alia, that the case was not ripe for review, the issues raised being premature…