Energy Law: Supreme Court Cases


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  • BP Am. Prod. Co. v. Burton The 6-year statute of limitations for government contract actions under 28 U.S.C. 2415(a) plies only to court actions, not to the administrative payment orders issued by the Department of the Interior's Minerals Management Service tof assess royalty underpayments on oil and gas leases.
  • Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. 467 U.S. 837 (1984) A key Supreme Court ruling defering to the EPA's interpretation of a statute if 1) it is unambiguous and 2) the agency's statutory interpretation is reasonable.
  • Entergy Louisiana, Inc. v. Louisiana Pub. Serv. Comm'n A Louisiana Public Service Commission order impermissibly "traps" costs that have been allocated in a FERC tariff, thus the order is subject to federal pre-emption.
  • New York v. F.E.R.C. While Section 205 of the Federal Power Act (FPA) gives the federal government control over management of the country's power grids, F.E.R.C. is not required under Section 206 of the FPA to regulate bundled retail power transmissions or to order universal unbundling where it determines that a remedy it orders sufficiently responds to regulating the wholesale energy market.
  • Texaco v. Dagher It is not per se illegal under section 1 of the Sherman Act, 15 U.S.C. section 1, for a lawful, economically integrated joint venture to set the prices at which it sells its products
  • Wagnon v. Prairie Band Potawatomi Nation Because Kansas' motor fuel tax is a nondiscriminatory tax imposed on an off-reservation transaction between non-Indians, the tax is valid and poses no affront to defendant's sovereignty.

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