California Wilderness Coalition v. U.S. Department of Energy
Court of Appeals for the Ninth Circuit
1Opinion of the Court
Opinion by Judge CALLAHAN; Dissent by Judge IKUTA.
OPINION
CALLAHAN, Circuit Judge:
These thirteen petitions for review challenge the Department of Energy’s (“DOE”) implementation of the Energy Policy Act of 2005 (“EPAct”), which added a new section 216 to the Federal Power Act (“FPA”), codified as 16 U.S.C. § 824p (sometimes referred to as “§ 216”). Petitioners offer three distinct challenges to DOE’s actions: (1) DOE failed to consult with the affected States in undertaking the Congestion Study as required by § 824p(a)(l); (2) DOE failed to properly consider the potential environmental…
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