Legal Opinion
California ex rel. Lockyer v. Federal Energy Regulatory Commission
Court of Appeals for the Ninth Circuit
Decided September 9, 2004No. 02-73093PublishedCited by 64 opinions
1Opinion of the Court
THOMAS, Circuit Judge:
This case presents the question, inter alia, of whether the Federal Energy Regulatory Commission (“FERC”) properly authorized and administered market-based energy tariffs. The State of California (“California”), through its Attorney General, claims that it did not, and that California energy consumers are entitled to as much as $2.8 billion in refunds. We conclude that FERC’s authorization of market-based tariffs in this case complied with the Federal Power Act, but that FERC abused its administrative discretion by declining to order refunds for violations of its…
2Cases cited21 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Food & Drug Administration v. Brown & Williamson Tobacco Corp.Supreme Court of the United States · 2000
- Gustafson v. Alloyd Co.Supreme Court of the United States · 1995
- Immigration & Naturalization Service v. Aguirre-AguirreSupreme Court of the United States · 1999
- Montana-Dakota Utilities Co. v. Northwestern Public Service Co.Supreme Court of the United States · 1951
16 more not listed; retrieve them via the Exa API.
3Cited by64 opinions
- Morgan Stanley Capital Group Inc. v. Public Util. Dist. No. 1 of Snohomish Cty.Supreme Court of the United States · 2008
- Sierra Club v. BosworthCourt of Appeals for the Ninth Circuit · 2007
- E. & J. GALLO WINERY v. EnCana Corp.Court of Appeals for the Ninth Circuit · 2007
- Bonneville Power Administration v. Federal Energy Regulatory CommissionCourt of Appeals for the Ninth Circuit · 2005
- Public Utilities Commission v. Federal Energy Regulatory CommissionCourt of Appeals for the Ninth Circuit · 2006
59 more not listed; retrieve them via the Exa API.