· 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 CourtListenerSourced 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.