Legal Opinion
Basin Electric Power Cooperative v. Department of Public Service Regulation
District Court, D. Montana
Decided January 11, 1985No. CV-84-138-HPublished
1Opinion of the Court
MEMORANDUM OPINION
BATTIN, Chief Judge.
Plaintiff Basin Electric Power Cooperative (Basin Electric) has filed a second motion for summary judgment in the above-captioned case. Plaintiff asserts that defendant Montana Public Service Commission (PSC) lacks statutory authority and does not have standing to raise any claims for relief set forth in its cross-claim. Specifically, the PSC is claiming violations of the National Environmental Policy Act (NEPA), 42 U.S.C. §§ 4321-4347. For reasons stated below, plaintiffs second motion for summary judgment is granted.
FACTS
On April 15, 1982, Basin…
2Cases cited5 opinions
- Association of Data Processing Service Organizations, Inc. v. CampSupreme Court of the United States · 1970
- Schlesinger v. Reservists Committee to Stop the WarSupreme Court of the United States · 1974
- Port Of Astoria, Oregon v. HodelCourt of Appeals for the Ninth Circuit · 1979
- Washington Utilities & Transportation Commission v. Federal Communications Commission and United States of America, Data Transmission Co., Intervenors. National Association of Regulatory Utility Commissioners v. Federal Communications Commission and United States of AmericaCourt of Appeals for the Ninth Circuit · 1975
- Montana Power Co. v. Public Service CommissionMontana Supreme Court · 1984