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· 4/1/2014

Charles R. Otwell, Sr. v. Alabama Power Company

Citations

  • 747 F.3d 1275
  • 2014 WL 1284968
  • 2014 U.S. App. LEXIS 6042

How courts have described this case

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

  • holding that landowners on a lake that a power company had a FERC certificate to use for cooling could not challenge the lake’s water levels because FERC had already considered and rejected their concerns
  • noting that, while not obligatory, “[i]t is well established that district courts have exceptionally broad discretion in deciding whether to issue a declaratory judgment”
  • concluding that various property owners’ state tort claims regarding the water levels in a lake were barred as “impermissible collateral 14 attack[s]” on a FERC license to a hydroelectric dam company that permitted the company to change the water levels in the lake
  • noting “[i]t is well established that district courts have exceptionally broad discretion in deciding whether to issue a declaratory judgment, and the remedy is not obligatory.” (alteration added; citation omitted)
  • “Appellants’ claims are inescapably-intertwined with a review of the 2010 License and constitute an impermissible collateral attack on FERC’s final order.”
  • “It is well established that district courts have exceptionally broad discretion in deciding whether to issue a declaratory judgment, and the remedy is not obligatory.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Hull, Black, Smith

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.