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Table of Contents
- Lichoulas v. FERC
- Alabama v. N. Carolina
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U.S. D.C. Circuit Court of Appeals, May 28, 2010
Lichoulas v. FERC, No. 08-1373
In a petition for review of the Federal Energy Regulatory Commission's (FERC) order terminating petitioner's license to operate a hydropower project attached to a historic six-story mill building in Lowell, Massachusetts, the petition is denied where: 1) FERC's application of the implied surrender doctrine here was not arbitrary and capricious; the Commission examined the relevant data and articulated a satisfactory explanation for its action, including a rational connection between the facts found and the choice made; 2) even assuming arguendo that certain challenged contacts by FERC officials violated FERC regulations, there was no indication that they influenced the ultimate decision makers; and 3) petitioner did not identify any issue he could explore at an evidentiary hearing that could not be adequately addressed in the papers.
U.S. Supreme Court, June 01, 2010
Alabama v. N. Carolina, No. 132
In an action by Florida and Tennessee against North Carolina seeking monetary sanctions under the terms of the Southeast Interstate Low-Level Radioactive Waste Management Compact (Compact), which was entered into by Alabama, Florida, Georgia, Mississippi, North Carolina, South Carolina, Tennessee, and Virginia, a Special Master's recommendations are adopted and exceptions overruled where: 1) the terms of the Compact did not authorize the Commission administering the Compact to impose monetary sanctions against North Carolina; 2) North Carolina did not breach its contractual obligation to take "appropriate steps" toward the issuance of a waste disposal license; and 3) under Arizona v. California, 460 U.S. 605 (1983), the Commission's claims were not barred by sovereign immunity so long as the Commission asserted the same claims and sought the same relief as the plaintiff States.
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