Legal Opinion

Alcoa Power Generating Inc. v. Federal Energy Regulatory Commission

Court of Appeals for the D.C. Circuit

Decided May 3, 2011No. 10-1066PublishedCited by 28 opinions

1Opinion of the Court

Opinion for the Court by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

The Alcoa Power Generating Company petitions for review of two orders of the Federal Energy Regulatory Commission with respect to the relicensing of its Yadkin Project facilities in North Carolina pursuant to 16 U.S.C. § 808. A precondition of licensing is receipt of a State certification that any discharges into navigable waters will comply with sections 301-03 and 306-07 of the Clean Water Act, 33 U.S.C. §§ 1311-13, 1316-17. Section 401(a)(1) of the Clean Water Act provides that State certification “shall be waived with…

2Cases cited21 opinions

  1. Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
  2. Thomas Jefferson University v. ShalalaSupreme Court of the United States · 1994
  3. National Park Hospitality Association v. Department of the InteriorSupreme Court of the United States · 2003
  4. Ohio Forestry Assn., Inc. v. Sierra ClubSupreme Court of the United States · 1998
  5. National Treasury Employees Union v. United StatesCourt of Appeals for the D.C. Circuit · 1996

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3Cited by28 opinions

  1. Elouise Cobell v. Sally JewellCourt of Appeals for the D.C. Circuit · 2015
  2. John Vanderkam v. Melissa VanderkamCourt of Appeals for the D.C. Circuit · 2015
  3. Hoopa Valley Tribe v. Fed. Energy Regulatory Comm'nCourt of Appeals for the D.C. Circuit · 2019
  4. Delaware Riverkeeper Network v. Federal Energy Regulatory CommissionCourt of Appeals for the D.C. Circuit · 2017
  5. Astrazeneca Pharmaceuticals Lp v. Food and Drug AdministrationDistrict Court, District of Columbia · 2012

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