· 8/26/2014
West Deptford Energy, LLC v. Federal Energy Regulatory Commission
Citations
- 412 U.S. App. D.C. 295
- 766 F.3d 10
- 2014 U.S. App. LEXIS 16406
- 2014 WL 4193129
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that FERC need not confine rates to specific numbers when ratepayers have notice of the formula or rule that will be applied
- holding that Section 1983 claims use California's statute of 15 limitations for personal injury claims, which is two years
- explaining that federal courts borrow state law equitable tolling 19 provisions, unless they are inconsistent with federal law, and setting forth California's doctrine of 20 equitable tolling
- noting that because West Deptford repeatedly objected to any such imposition of cost responsibility, \one-way assertions\ in a facilities study agreement cannot put a party on notice, and Commission precedent treats such studies as \non-binding estimate of costs\
- vacating agency action because, inter alia, the agency “provided no reasoned explanation for how its decision comports with *** prior agency practice”
- vacating agency action because, inter alia, the agency “provided no reasoned explanation for how its decision comports with * * * prior agency practice”
Source: CourtListener parenthetical corpus (CC0).
Judges: Garland, Millett, Srinivasan
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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