1. Home
  2. Browse Decisions
  3. F.3d
  4. 548 F.3d
  5. 548 F.3d 1071 (2008)
 

ALBANY ENGINEERING CORP. v. F.E.R.C.

No. 07-1162.

548 F.3d 1071 (2008)

ALBANY ENGINEERING CORPORATION, Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent Hudson River-Black River Regulating District, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided November 28, 2008.

Attorney(s) appearing for the Case

William S. Huang argued the cause for petitioner. With him on the briefs were Frances E. Francis and Rebecca Baldwin.

Lona T. Perry, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. On the brief were Cynthia A. Marlette, General Counsel, Robert H. Solomon, Solicitor, and Judith A. Albert, Senior Attorney.

Michael N. McCarty argued the cause for intervenor. With him on the brief were John H. Conway and Christian D. McMurray.

Concurring opinion filed by Circuit Judge BROWN.

WILLIAMS, Senior Circuit Judge:

An upstream dam typically will render the downstream flow more even and predictable, enabling downstream hydropower plants to operate at a higher capacity. Farmington River Power Co. v. FERC, 103 F.3d 1002, 1004 (D.C.Cir.1997); see also 18 C.F.R. § 11.10(a)(2). To enable the upstream firms to recoup part of the cost of conferring these "headwater benefits," Congress in § 10(f) of the...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases