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· 9/24/2002

Alabama Power Co. v. United States Department of Energy

Citations

  • 307 F.3d 1300
  • 33 Envtl. L. Rep. (Envtl. Law Inst.) 20055
  • 55 ERC (BNA) 1001
  • 2002 U.S. App. LEXIS 20199

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • finding that the utility companies need not “await a final decision by the Department”
  • finding that the utility companies need not \await a final decision by the Department\
  • deciding utilities’ claim that a reduction of Exelon Generation Company’s disposal fees pursuant Article IX(B) of the Standard Contract was tantamount to an improper expenditure from the Fund under Section 302(d)
  • explaining that utility companies seeking to establish standing should not have to wait to challenge a final decision of the Department of Energy where the companies would \[i]n either circumstance ... be forced to pay for the damages ...\
  • explaining that utility companies seeking to establish standing should not have to wait to challenge a final decision of the Department of Energy where the companies would “[i]n either circumstance ... be forced to pay for the damages ... ”
  • severing a dependent clause containing a legislative veto from a statutory subsection because that clause was an unconstitutional “provision”

Source: CourtListener parenthetical corpus (CC0).

Judges: Tjoflat, Birch, Goldberg

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.