United States v. City of Fulton

This case presents the question whether the Secretary of Energy violated § 5 of the Flood Control Act of 1944, 16 U.S.C. § 825s, or his contractual obligations by putting rates for hydroelectric power generated at federally owned dams into effect on an interim basis pending further review by the Federal Energy Regulatory Commission. The Court of Claims held that the Secretary’s actions exceeded his contractual and statutory authority, and granted summary judgment to respondents. 680 F.2d 115 (1982). After further proceedings, the Court of Appeals for the Federal Circuit affirmed, finding that…