Legal Opinion

F.E.R.C. v. Silkman

District Court, D. Maine

Decided January 4, 2019No. 1:16-cv-00205-JAWPublishedCited by 2 opinions

1Opinion of the Court

JOHN A. WOODCOCK, JR., UNITED STATES DISTRICT JUDGE

*68An energy consulting company and its employee and managing member challenge FERC's assessment of civil penalties against them for violating FERC's anti-manipulation rule, alleging that the action brought in this Court by FERC is time-barred under the general statute of limitations, 28 U.S.C. § 2462. FERC maintains in a countervailing motion for summary judgment that its civil action was timely filed.

First, the Court concludes that the Respondents did not waive their statute of limitations argument. Next, the Court concludes that FERC's…

2Cases cited54 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Agostini v. FeltonSupreme Court of the United States · 1997
  3. Yates v. United StatesSupreme Court of the United States · 1957
  4. American Tobacco Co. v. PattersonSupreme Court of the United States · 1982
  5. Marshall v. Jerrico, Inc.Supreme Court of the United States · 1980

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3Cited by2 opinions

  1. FERC v. Powhatan Energy Fund, LLCCourt of Appeals for the Fourth Circuit · 2020
  2. Federal Energy Regulatory Commission v. Vitol IncDistrict Court, E.D. California · 2021

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