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Federal Energy Regulatory Commission v. Barclays Bank PLC et al

MOTION to AFFIRM CIVIL PENALTIES

9 Cited authorities

  1. Gall v. United States

    552 U.S. 38 (2007)   Cited 17,801 times   15 Legal Analyses
    Holding that we "must give due deference to the district court's decision that the § 3553 factors, on a whole, justify the extent of the variance."

  2. Concrete Pipe Prods. v. Constr. Laborers Trust

    508 U.S. 602 (1993)   Cited 1,507 times   7 Legal Analyses
    Holding that withdrawal liability as applied to Concrete Pipe, the employer, did not violate the Fifth Amendment because the imposition of withdrawal liability was clearly rational inasmuch as the employer's liability was based on a proportion of its contributions during its participation in the plan

  3. Doe v. U.S.

    821 F.2d 694 (D.C. Cir. 1987)   Cited 101 times
    Finding that in this context, de novo means “a fresh, independent determination of ‘the matter’ at stake,” and the court need not give “deference ... [to] the agency's conclusion”

  4. United States v. Bertie

    529 F.2d 506 (9th Cir. 1976)   Cited 16 times
    Applying Idaho law

  5. Section 824 - Declaration of policy; application of subchapter

    16 U.S.C. § 824   Cited 495 times   16 Legal Analyses
    Granting FERC authority over wholesale generation and transmission

  6. Section 823b - Enforcement

    16 U.S.C. § 823b   Cited 45 times   16 Legal Analyses
    Stating that "[t]he Commission shall monitor and investigate compliance with each license and permit issued under this subchapter"

  7. Section 824v - Prohibition of energy market manipulation

    16 U.S.C. § 824v   Cited 26 times   5 Legal Analyses
    Forbidding the use of "any manipulative or deceptive device or contrivance (as those terms are used in section 78j(b) of Title 15 )"

  8. Section 825o-1 - Enforcement of certain provisions

    16 U.S.C. § 825o-1   Cited 8 times   3 Legal Analyses

    (a) Violations It shall be unlawful for any person to violate any provision of subchapter II or any rule or order issued under any such provision. (b) Civil penalties Any person who violates any provision of subchapter II or any provision of any rule or order thereunder shall be subject to a civil penalty of not more than $1,000,000 for each day that such violation continues. Such penalty shall be assessed by the Commission, after notice and opportunity for public hearing, in accordance with the

  9. Section 1c.2 - Prohibition of electric energy market manipulation

    18 C.F.R. § 1c.2   Cited 23 times   15 Legal Analyses

    (a) It shall be unlawful for any entity, directly or indirectly, in connection with the purchase or sale of electric energy or the purchase or sale of transmission services subject to the jurisdiction of the Commission, (1) To use or employ any device, scheme, or artifice to defraud, (2) To make any untrue statement of a material fact or to omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading, or