Legal Opinion

California Wilderness Coalition v. U.S. Department of Energy

Court of Appeals for the Ninth Circuit

Decided February 1, 2011No. 08-71074, 08-71823, 08-71829, 08-71831, 08-71845, 08-71870, 08-71872, 08-71884, 08-71908, 08-72423, 08-72644, 08-72717, 08-72835PublishedCited by 69 opinions

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…

2Cases cited42 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Winter v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 2008
  3. Shinseki, Secretary of Veterans Affairs v. SandersSupreme Court of the United States · 2009
  4. Robinson v. Shell Oil Co.Supreme Court of the United States · 1997
  5. Duncan v. WalkerSupreme Court of the United States · 2001

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3Cited by69 opinions

  1. Center for Biological Diversity v. United States Bureau of Land ManagementCourt of Appeals for the Ninth Circuit · 2012
  2. Alcoa, Inc. v. Bonneville Power AdministrationCourt of Appeals for the Ninth Circuit · 2012
  3. Al Haramain Islamic Foundation, Inc. v. United States Department of the TreasuryCourt of Appeals for the Ninth Circuit · 2011
  4. Bear Valley Mutual Water Co. v. Kenneth SalazarCourt of Appeals for the Ninth Circuit · 2015
  5. Oregon Natural Desert Ass'n v. JewellCourt of Appeals for the Ninth Circuit · 2016

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