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Hunter v. Federal Energy Regulatory Commission

REPLY to opposition to motion re MOTION for Entry of Declaratory Judgment and in support of Motion for Entry of Declaratory Judgment

72 Cited authorities

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

    467 U.S. 837 (1984)   Cited 16,147 times   608 Legal Analyses
    Holding that courts "must give effect to the unambiguously expressed intent of Congress"

  2. Bennett v. Spear

    520 U.S. 154 (1997)   Cited 3,760 times   35 Legal Analyses
    Holding that a Final Biological Opinion has "legal consequences," even though the action agency is not legally obligated to accept the opinion's recommendations or conclusions, because the opinion "alter the legal regime to which the action agency is subject"

  3. Stoneridge Investment Partners, LLC v. Scientific-Atlanta, Inc.

    552 U.S. 148 (2008)   Cited 1,205 times   80 Legal Analyses
    Holding that the fraud-on-the-market presumption did not apply because business partners' "deceptive acts were not communicated to the public"

  4. Central Bank of Denver v. First I.S. Bk. of Denver

    511 U.S. 164 (1994)   Cited 1,726 times   79 Legal Analyses
    Holding that Section 10(b)’s private right of action does not include suits against aiders and abettors

  5. Brown v. General Services Administration

    425 U.S. 820 (1976)   Cited 2,263 times
    Holding that federal employee who missed deadline for filing Title VII claim could not bring suit based on alleged discriminatory conduct under Declaratory Judgment Act

  6. Merrill v. Dabit

    547 U.S. 71 (2006)   Cited 678 times   44 Legal Analyses
    Holding that state law class action securities fraud claims brought by “holders” of securities are, just like those of “purchasers” and “sellers,” preempted by the Securities Litigation Uniform Standards Act

  7. Securities v. Zandford

    535 U.S. 813 (2002)   Cited 527 times   17 Legal Analyses
    Holding that the SEC may bring a public enforcement action against a broker who accepted payment for securities that he never delivered

  8. Morton v. Mancari

    417 U.S. 535 (1974)   Cited 1,364 times   9 Legal Analyses
    Holding that the Indian Commerce Clause empowers Congress to “single Indians out as a proper subject for separate legislation.”

  9. United States v. Fausto

    484 U.S. 439 (1988)   Cited 753 times   1 Legal Analyses
    Holding that "the Claims Court (and any other court relying on Tucker Act jurisdiction) is not an ‘appropriate authority’ to review an agency's personnel determination" under the Back Pay Act

  10. United States v. O'Hagan

    521 U.S. 642 (1997)   Cited 498 times   65 Legal Analyses
    Holding that the Commission, in a nearly identical grant of authority, may regulate acts that are "not themselves fraudulent" if the restriction is "reasonably designed to prevent" fraud or deception

  11. Section 78c - Definitions and application

    15 U.S.C. § 78c   Cited 1,693 times   89 Legal Analyses
    Exempting certain "note" with maturities of less than nine months from the definition of "security" under the Securities Exchange Act of 1934

  12. Rule 57 - Declaratory Judgment

    Fed. R. Civ. P. 57   Cited 1,599 times   5 Legal Analyses
    Preserving right to trial by jury in declaratory judgment action under circumstances and in manner provided in Rules 38 and 39

  13. Section 717 - Regulation of natural gas companies

    15 U.S.C. § 717   Cited 1,321 times   14 Legal Analyses
    Providing that the 1938 Natural Gas Act "shall apply to the transportation of natural gas in interstate commerce" but not to gas sales occurring "within" a state

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

    15 U.S.C. § 717f   Cited 1,118 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 516 times   54 Legal Analyses
    Adopting respondeat superior principles for regulatory actions brought by the Commodity Exchange Commission

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

    16 U.S.C. § 824   Cited 499 times   16 Legal Analyses
    Granting FERC authority over wholesale generation and transmission

  17. Section 717a - Definitions

    15 U.S.C. § 717a   Cited 184 times   2 Legal Analyses
    Defining the term 'natural-gas company'

  18. Section 901 - Short title

    7 U.S.C. § 901   Cited 112 times

    This chapter may be cited as the "Rural Electrification Act of 1936". 7 U.S.C. § 901 May 20, 1936, ch. 432, title I, §1, 49 Stat. 1363; 1939 Reorg. Plan No. II, §5, eff. July 1, 1939, 4 F.R. 2732, 53 Stat. 1434; Oct. 28, 1949, ch. 776, §2, 63 Stat. 948; Pub. L. 103-354, title II, §235(a)(1), Oct. 13, 1994, 108 Stat. 3220. EDITORIAL NOTES AMENDMENTS1994- Pub. L. 103-354 added section catchline and text and struck out former text which read as follows: "There is hereby created and established an agency

  19. Section 717m - Investigations by Commission

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

  20. Section 717s - Enforcement of chapter

    15 U.S.C. § 717s   Cited 30 times   1 Legal Analyses
    Authorizing Federal Power Commission to sue to enjoin compliance with Natural Gas Act