Tesoro Refining & Marketing Co. v. Federal Energy Regulatory Commission

How courts have described this case

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

• explaining that the exhaustion requirement does not apply “when resort to administrative remedies [would be] clearly use- less”
• observing that the futility exception to exhaustion is “limited to situations ‘when resort to administrative remedies [would be] “clearly useless.”’”
• \The futility exception is quite restricted and limited to situations when resort to administrative remedies would be clearly useless.\ (emphasis added) (internal quotations omitted)
• \The futility exception is quite restricted and limited to situations when resort to administrative remedies would be clearly useless.\ (emphasis added) (internal quotations omitted)
• futility exception applies only where an adverse decision from the agency is certain
• “The futility exception is quite restricted ... [e]ven if one were to concede that an unfavorable decision ... was highly likely, that does not satisfy our strict futility standard requiring a certainty of an adverse decision.” (emphasis in original

Source: CourtListener parenthetical corpus (CC0).