Federal Energy Regulatory Commission v. Powhatan Energy Fund, LLC

Docket Number18-2326
Decision Date11 February 2020
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9 cases
  • Gonzalez v. Cuccinelli
    • United States
    • U.S. Court of Appeals — Fourth Circuit
    • January 14, 2021
    ...cause of action for a party aggrieved by that agency's unreasonable delay to compel such action." Fed. Energy Regul. Comm'n v. Powhatan Energy Fund, LLC , 949 F.3d 891, 903 (4th Cir. 2020) (emphasis omitted) (quoting Norton , 542 U.S. at 64, 124 S.Ct. 2373 ). But where an agency is not requ......
  • Fed. Energy Regulatory Comm'n v. Vitol Inc.
    • United States
    • U.S. District Court — Eastern District of California
    • December 20, 2021
    ...first procedure occurs if the alleged violator does nothing, it is often described as the “default” procedure. E.g., FERC v. Powhatan Energy Fund, LLC, 949 F.3d 891, 894 (4th Cir. 2020). A case follows the second path if an alleged violator elects to forego the administrative procedure. See......
  • Fed. Energy Regulatory Comm'n v. Vitol Inc.
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • August 18, 2023
    ...under section 823b(d)(3)(B) accrues when FERC concludes its administrative proceeding and assesses a penalty. FERC v. Powhatan Energy Fund, LLC, 949 F.3d 891, 899 (4th Cir. 2020). The court explained that "Congress plainly conditioned FERC's right to bring an action in federal district cour......
  • Vasquez v. Mayorkas
    • United States
    • U.S. District Court — Western District of Virginia
    • September 10, 2021
    ... ... Statutory and Regulatory Framework ... The ... to compel such action." Fed. Energy Regul ... Comm'n v. Powhatan y Fund, LLC , 949 F.3d 891, ... 903 (4th Or. 2020) ... ...
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2 firm's commentaries
  • This Week At The Ninth: ERISA And FERC
    • United States
    • Mondaq United States
    • August 29, 2023
    ...also interpreted the statute of limitations to run from the date the penalty was assessed. FERC v. Powhatan Energy Fund, LLC, 949 F.3d 891, 899 (4th Cir. 2020). The Ninth Circuit additionally noted that other courts of appeals had applied similar logic to different agency causes of action. ......
  • Ninth Circuit Upholds FERC's Interpretation Of Statute Of Limitations To Enforce Civil Penalties
    • United States
    • Mondaq United States
    • August 23, 2023
    ...trades. The court further noted that its ruling was consistent with the Fourth Circuit's decision in FERC v. Powhatan Energy Fund, LLC, 949 F.3d 891, 899 (4th Cir. 2020). Only the Fifth Circuit, in a decision under the Export Administration Act, has found differently. U.S. v. Core Laborator......

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