Legal Opinion

Telestar, Inc. v. Federal Communications Commission and the United States of America, MCI Telecommunications Corporation, Intervenor

Court of Appeals for the D.C. Circuit

Decided October 6, 1989No. 88-1153, 88-1419PublishedCited by 57 opinions

1Opinion of the Court

Opinion for the Court filed PER CURIAM.

ON MOTION TO DISMISS PETITION FOR REVIEW NO. 88-1419

2Per curiam

The question before us is whether a petition for review, unripe because of the pendency of a request for agency reconsideration, ripens so as to vest this court with jurisdiction once the agency issues its final decision on reconsideration. We hold that this court does not have jurisdiction to consider the prematurely-filed petition for review, even after the agency rules on the rehearing request. In order to obtain review of a now-final agency order, a new petition for review must be filed.

This action…

3Cases cited3 opinions

  1. Interstate Commerce Commission v. Brotherhood of Locomotive EngineersSupreme Court of the United States · 1987
  2. Public Citizen v. Nuclear Regulatory Commission and United States of America, Nuclear Utility Management and Resources Committee, IntervenorCourt of Appeals for the D.C. Circuit · 1988
  3. Pauline Sacks and Marvin Sacks v. Herbert RothbergCourt of Appeals for the D.C. Circuit · 1988

4Cited by57 opinions

  1. T Mobile Northeast LLC v. City of WilmingtonCourt of Appeals for the Third Circuit · 2019
  2. Clifton Power Corp. v. Federal Energy Regulatory CommissionCourt of Appeals for the D.C. Circuit · 2002
  3. Council Tree Communications, Inc. v. Federal Communications CommissionCourt of Appeals for the Third Circuit · 2007
  4. Columbia Falls Aluminum Company v. Environmental Protection Agency and Carol M. Browner, Administrator, Reynolds Metals Company, IntervenorsCourt of Appeals for the D.C. Circuit · 1998
  5. Delaware Riverkeeper Network v. Secretary Pennsylvania Department of Environmental ProtectionCourt of Appeals for the Third Circuit · 2016

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