§Why CasetextPricing

Delaware Riverkeeper Network et al v. Federal Energy Regulatory Commission et al

MEMORANDUM

40 Cited authorities

  1. Richardson v. Perales

    402 U.S. 389 (1971)   Cited 55,631 times
    Holding that, when "presented with the not uncommon situation of conflicting medical evidence . . . [t]he trier of fact has the duty to resolve that conflict"

  2. Mathews v. Eldridge

    424 U.S. 319 (1976)   Cited 15,754 times   42 Legal Analyses
    Holding that a procedure based on written submissions was adequate because it included safeguards against mistake including that the agency informed the recipient of its tentative assessment and the evidence supporting it and an opportunity was then afforded the recipient to submit additional evidence "enabling him to challenge directly the accuracy of information in his file as well as the correctness of the agency's tentative conclusions"

  3. Withrow v. Larkin

    421 U.S. 35 (1975)   Cited 2,404 times   5 Legal Analyses
    Holding that a claimant "must overcome a presumption of honesty and integrity in those serving as adjudicators . . . ."

  4. Gibson v. Berryhill

    411 U.S. 564 (1973)   Cited 1,160 times   1 Legal Analyses
    Holding that, in evaluating the licensure decision of a state administrative board, “[i]t is sufficiently clear from our cases that those with substantial pecuniary interest in legal proceedings should not adjudicate these disputes”

  5. Aetna Life Insurance Co. v. Lavoie

    475 U.S. 813 (1986)   Cited 621 times   4 Legal Analyses
    Holding that general allegations of a judge's frustration with insurance companies are not sufficient to force recusal under the Due Process Clause from a case in which an insurance company was a party

  6. Marshall v. Jerrico, Inc.

    446 U.S. 238 (1980)   Cited 566 times
    Holding an impartial and disinterested tribunal is required in adjudicative proceedings

  7. Schweiker v. McClure

    456 U.S. 188 (1982)   Cited 509 times
    Holding that courts "must start from the presumption that hearing officers . . . are unbiased"

  8. Ward v. Village of Monroeville

    409 U.S. 57 (1972)   Cited 651 times   8 Legal Analyses
    Holding that an opportunity for impartial appellate review does not excuse the trial judge's bias

  9. Schneidewind v. ANR Pipeline Co.

    485 U.S. 293 (1988)   Cited 390 times   3 Legal Analyses
    Holding that the federal Natural Gas Act preempts Michigan's state law regulating the issuance of long-term securities because Michigan's regulation "impinges on a field that the federal regulatory scheme has occupied"

  10. Tumey v. Ohio

    273 U.S. 510 (1927)   Cited 2,138 times   14 Legal Analyses
    Holding that the Due Process Clause requires recusal when a judge has a "direct, personal, substantial pecuniary interest" in a case

  11. Section 717 - Regulation of natural gas companies

    15 U.S.C. § 717   Cited 1,314 times   14 Legal Analyses
    Including “importation and exportation of natural gas in foreign commerce” under Chapter 15B through modification of § 1(b) by the Energy Policy Act of 2005, Pub.L. No. 109–58, 119 Stat. 594, § 311, at 685–88

  12. Section 717f - Construction, extension, or abandonment of facilities

    15 U.S.C. § 717f   Cited 1,111 times   17 Legal Analyses
    Granting certificate-holding natural gas companies the federal eminent domain power

  13. Section 517 - Interests of United States in pending suits

    28 U.S.C. § 517   Cited 381 times   5 Legal Analyses
    Noting that lawyers designated by the Attorney General shall "attend to the interests of the United States"

  14. Section 1817 - Assessments

    12 U.S.C. § 1817   Cited 129 times   4 Legal Analyses
    Reporting requirements

  15. Section 77f - Registration of securities

    15 U.S.C. § 77f   Cited 70 times   2 Legal Analyses

    (a) Method of registration Any security may be registered with the Commission under the terms and conditions hereinafter provided, by filing a registration statement in triplicate, at least one of which shall be signed by each issuer, its principal executive officer or officers, its principal financial officer, its comptroller or principal accounting officer, and the majority of its board of directors or persons performing similar functions (or, if there is no board of directors or persons performing

  16. Section 7171 - Appointment and administration

    42 U.S.C. § 7171   Cited 59 times   6 Legal Analyses

    (a) Federal Energy Regulatory Commission; establishment There is established within the Department an independent regulatory commission to be known as the Federal Energy Regulatory Commission. (b) Composition; term of office; conflict of interest; expiration of terms (1) The Commission shall be composed of five members appointed by the President, by and with the advice and consent of the Senate. One of the members shall be designated by the President as Chairman. Members shall hold office for a term

  17. Section 42 - Patent and Trademark Office funding

    35 U.S.C. § 42   Cited 19 times   3 Legal Analyses
    Requiring the Secretary of Commerce to "provide to the Committees on the Judiciary of the Senate and the House of Representatives ... any proposed disposition of surplus fees by the Office"

  18. Section 243 - Assessments upon Federal reserve banks to pay expenses

    12 U.S.C. § 243   Cited 11 times
    Granting Federal Reserve Board "power to levy semiannually upon the Federal reserve banks" an assessment sufficient for its operations

  19. Section 2214 - Repealed

    42 U.S.C. § 2214   Cited 10 times
    Authorizing the Nuclear Regulatory Commission to assess and collect charges and fees

  20. Section 4516 - Funding

    12 U.S.C. § 4516   Cited 8 times
    Providing funding for OFHEO through assessments on regulated entities

  21. Section 157.21 - Pre-filing procedures and review process for LNG terminal facilities and other natural gas facilities prior to filing of applications

    18 C.F.R. § 157.21   Cited 11 times   1 Legal Analyses

    (a)LNG terminal facilities and related jurisdictional natural gas facilities. A prospective applicant for authorization to site, construct and operate facilities included within the definition of "LNG terminal," as defined in § 153.2(d) , and any prospective applicant for related jurisdictional natural gas facilities must comply with this section's pre-filing procedures and review process. These mandatory pre-filing procedures also shall apply when the Director finds in accordance with paragraph

  22. Section 382.201 - Annual charges under Parts II and III of the Federal Power Act and related statutes

    18 C.F.R. § 382.201   Cited 3 times

    (a)Determination of costs to be assessed to public utilities. The adjusted costs of administration of the electric regulatory program, excluding the costs of regulating the Power Marketing Agencies, will be assessed to public utilities that provide transmission service (measured, as discussed in paragraph (c) of this section, by the sum of the megawatt-hours of all unbundled transmission and the megawatt-hours of all bundled wholesale power sales (to the extent these latter megawatt-hours were not

  23. Section 154.402 - ACA expenditures

    18 C.F.R. § 154.402

    (a)Requirements. Upon approval by the Commission, a natural gas pipeline company may adjust its rates, annually, to recover from its customers annual charges assessed by the Commission under part 382 of this chapter pursuant to an annual charge adjustment clause (ACA clause). Prior to the start of each fiscal year, the Commission will post on its Web site the amount of annual charges to be flowed through per unit of energy sold or transported (ACA unit charge) for that fiscal year. A company's ACA

  24. Section 382.202 - Annual charges under the Natural Gas Act and Natural Gas Policy Act of 1978 and related statutes

    18 C.F.R. § 382.202

    The adjusted costs of administration of the natural gas regulatory program will be assessed against each natural gas pipeline company based on the proportion of the total gas subject to Commission regulation which was sold and transported by each company in the immediately preceding calendar year to the sum of the gas subject to the Commission regulation which was sold and transported in the immediately preceding calendar year by all natural gas pipeline companies being assessed annual charges. 18