Consolidated Edison Co. of New York v. United States
District Court, S.D. New York
1Opinion of the Court
OPINION & ORDER
WHITMAN KNAPP, Senior District Judge.
Plaintiffs seek declaratory and injunctive relief in challenging the constitutionality of certain provisions of the Energy Policy Act of 1992 (“EPACT”), 42 U.S.C. § 2297g, et seq. Defendants have moved, pursuant to 28 U.S.C. § 1631, for an order transferring this action to the United States Court of Federal Claims (“CFC”) for consolidation with plaintiffs’ claims in that court, or, in the alternative, dismissing this action for lack of subject matter jurisdiction pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure. As noted by…
2Cases cited11 opinions
- Larson v. Domestic and Foreign Commerce Corp.Supreme Court of the United States · 1949
- Bowen v. MassachusettsSupreme Court of the United States · 1988
- Eastern Enterprises v. ApfelSupreme Court of the United States · 1998
- Transohio Savings Bank v. Director, Office of Thrift SupervisionCourt of Appeals for the D.C. Circuit · 1993
- In Re Chateaugay CorporationCourt of Appeals for the Second Circuit · 1995
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3Cited by5 opinions
- Commonwealth Edison Company v. United StatesCourt of Appeals for the Federal Circuit · 2001
- Consolidated Edison Co. of New York, Inc. v. United StatesCourt of Appeals for the Federal Circuit · 2001
- Consolidated Edison v. U.S. Dept., EnergyCourt of Appeals for the Federal Circuit · 2001
- Consolidated Edison Co. of New York, Inc. v. United States, Department of EnergyCourt of Appeals for the Federal Circuit · 2000
- Commonwealth Edison Company v. United StatesCourt of Appeals for the Federal Circuit · 2001