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Hunter v. Federal Energy Regulatory Commission

REPLY to opposition to motion re Amended MOTION for Temporary Restraining Order , Preliminary Injunction, and Declaratory Relief

50 Cited authorities

  1. Chevron U.S.A. v. Natural Res. Def. Council

    467 U.S. 837 (1984)   Cited 16,041 times   505 Legal Analyses
    Holding that courts "must give effect to the unambiguously expressed intent of Congress"

  2. Califano v. Sanders

    430 U.S. 99 (1977)   Cited 4,291 times   4 Legal Analyses
    Holding that "the APA is not to be interpreted as an implied grant of subject-matter jurisdiction to review agency actions"

  3. Abbott Laboratories v. Gardner

    387 U.S. 136 (1967)   Cited 5,298 times   9 Legal Analyses
    Holding that plaintiffs subject to a regulation had standing to challenge it even though the Attorney General had yet to "authorize criminal and seizure actions for violations of the statute"

  4. Smith v. United States

    508 U.S. 223 (1993)   Cited 1,179 times   3 Legal Analyses
    Holding that a person who sells a firearm "uses" it within the meaning of 18 U.S.C. § 924(d) "even though those actions do not involve using the firearm as a weapon"

  5. Franklin v. Massachusetts

    505 U.S. 788 (1992)   Cited 755 times   3 Legal Analyses
    Holding that the decennial census report was not subject to judicial review, because it carried "no direct consequences for the reapportionment," and the President was "not expressly required to adhere to the policy decisions reflected in the Secretary's report"

  6. Federal Trade Commission v. Standard Oil Co.

    449 U.S. 232 (1980)   Cited 616 times   3 Legal Analyses
    Holding that the issuance of an administrative complaint is not final agency action because a complaint is "not a definitive statement of position" but instead a "threshold determination that further inquiry is warranted"

  7. Mova Pharmaceutical Corp. v. Shalala

    140 F.3d 1060 (D.C. Cir. 1998)   Cited 287 times   5 Legal Analyses
    Holding that danger of loss of market share due to denial of a preliminary injunction satisfied the third Rule 24 factor

  8. Harmon v. Brucker

    355 U.S. 579 (1958)   Cited 224 times
    Holding that district court has "power to construe the statutes involved to determine whether the [Secretary of the Army] did exceed his powers," and that if he did, "judicial relief from this illegality would be available"

  9. Chamber of Commerce of U.S. v. Reich

    74 F.3d 1322 (D.C. Cir. 1996)   Cited 218 times
    Holding the "APA's waiver of sovereign immunity applies to any suit whether under the APA or not"

  10. Polymer Technologies, Inc. v. Bridwell

    103 F.3d 970 (Fed. Cir. 1996)   Cited 194 times   1 Legal Analyses
    Holding failure to bring suit against other potential infringers may be relevant to an analysis of irreparable harm if it indicates a willingness to accept royalty-type damages in lieu of market exclusivity

  11. Section 1331 - Federal question

    28 U.S.C. § 1331   Cited 97,986 times   136 Legal Analyses
    Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."

  12. Section 551 - Definitions

    5 U.S.C. § 551   Cited 4,767 times   69 Legal Analyses
    Adopting the definition set out in the APA

  13. Section 717 - Regulation of natural gas companies

    15 U.S.C. § 717   Cited 1,319 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

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

    15 U.S.C. § 717f   Cited 1,113 times   17 Legal Analyses
    Granting certificate-holding natural gas companies the federal eminent domain power

  15. Section 2 - Jurisdiction of Commission; liability of principal for act of agent; Commodity Futures Trading Commission; transaction in interstate commerce

    7 U.S.C. § 2   Cited 511 times   54 Legal Analyses
    Adopting respondeat superior principles for regulatory actions brought by the Commodity Exchange Commission

  16. Section 825 - Accounts and records

    16 U.S.C. § 825   Cited 489 times   3 Legal Analyses
    Authorizing FERC to have access "at all times" to accounts, records, and memoranda of public utilities

  17. Section 717a - Definitions

    15 U.S.C. § 717a   Cited 181 times   2 Legal Analyses
    Defining LNG terminal

  18. Section 717m - Investigations by Commission

    15 U.S.C. § 717m   Cited 31 times
    Granting FERC power to investigate violations of the NGA

  19. Section 813 - Power entering into interstate commerce; regulation of rates, charges, etc

    16 U.S.C. § 813   Cited 26 times

    When said power or any part thereof shall enter into interstate or foreign commerce the rates charged and the service rendered by any such licensee, or by any subsidiary corporation, the stock of which is owned or controlled directly or indirectly by such licensee, or by any person, corporation, or association purchasing power from such licensee for sale and distribution or use in public service shall be reasonable, nondiscriminatory, and just to the customer and all unreasonable discriminatory and

  20. Section 717c-1 - Prohibition on market manipulation

    15 U.S.C. § 717c-1   Cited 14 times   2 Legal Analyses

    It shall be unlawful for any entity, directly or indirectly, to use or employ, in connection with the purchase or sale of natural gas or the purchase or sale of transportation services subject to the jurisdiction of the Commission, any manipulative or deceptive device or contrivance (as those terms are used in section 78j(b) of this title) in contravention of such rules and regulations as the Commission may prescribe as necessary in the public interest or for the protection of natural gas ratepayers