Legal Opinion

Pacific Northwest Generating Cooperative v. Dept. of Energy

Court of Appeals for the Ninth Circuit

Decided August 5, 2009No. 05-75638, 05-75639, 06-73756, 06-74223, 06-74237, 06-74797, 06-75361PublishedCited by 19 opinions

1Opinion of the Court

ORDER AND AMENDED OPINION

BERZON, Circuit Judge:

ORDER

The opinion filed on December 17, 2008, and published at 550 F.3d 846, is hereby amended as follows:

1. Slip Op. 16570, line 31: Replace <Eaeh of these justification> with <Each of these justifications >

2. Slip Op. 16571, line 4: Remove the sentences <This explanation is undercut, first of all, by the fact that the subsidized rates are supplied to just three firms, all of

which use electric power for the same industrial purpose — smelting aluminum. Thus, the payments do not encourage “diversified” use of electric power, but targeted use.>

3.…

2Cases cited15 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Bennett v. SpearSupreme Court of the United States · 1997
  3. Barnhart v. Peabody Coal Co.Supreme Court of the United States · 2003
  4. Joel White v. John Lambert, SuperintendentCourt of Appeals for the Ninth Circuit · 2004
  5. Aluminum Co. of America v. Central Lincoln Peoples' Utility DistrictSupreme Court of the United States · 1984

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3Cited by19 opinions

  1. Sonya Renee v. Arne DuncanCourt of Appeals for the Ninth Circuit · 2012
  2. Alcoa, Inc. v. Bonneville Power AdministrationCourt of Appeals for the Ninth Circuit · 2012
  3. Association of Public Agency Customers v. Bonneville Power AdministrationCourt of Appeals for the Ninth Circuit · 2013
  4. Northwest Requirements Utilities v. Federal Energy Regulatory CommissionCourt of Appeals for the Ninth Circuit · 2015
  5. Pacific Northwest Generating Cooperative v. Bonneville Power AdministrationCourt of Appeals for the Ninth Circuit · 2010

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