Legal Opinion

United States v. Appalachian Electric Power Co.

Supreme Court of the United States

Decided January 20, 1941No. 12PublishedCited by 444 opinions

1Opinion of the CourtJustice Reed

This case involves the scope of the federal commerce power in relation to conditions in licenses, required by the Federal Power Commission, for the construction of hydroelectric dams in navigable rivers of the United States. To reach this issue requires, preliminarily, a decision as to the navigability of the New River, a watercourse flowing through Virginia and West Virginia. The district court and the circuit court of appeals have both held that the New River ¡is not navigable, and that the United States cannot enjoin the respondent from constructing and putting into operation a…

2Cases cited56 opinions

  1. Ashwander v. Tennessee Valley AuthoritySupreme Court of the United States · 1936
  2. Gibbons v. OgdenSupreme Court of the United States · 1824
  3. United States v. Carolene Products Co.Supreme Court of the United States · 1938
  4. Cherokee Nation v. State of GeorgiaSupreme Court of the United States · 1831
  5. Shively v. BowlbySupreme Court of the United States · 1894

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3Cited by444 opinions

  1. United Public Workers of America v. MitchellSupreme Court of the United States · 1947
  2. United States v. DarbySupreme Court of the United States · 1941
  3. Offutt v. United StatesSupreme Court of the United States · 1954
  4. Kaiser Aetna v. United StatesSupreme Court of the United States · 1979
  5. Alabama State Federation of Labor v. McAdorySupreme Court of the United States · 1945

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