United States v. Public Utilities Commission of California Mineral County, Nevada v. Public Utilities Commission of California, Nos. 205

CourtUnited States Supreme Court
Writing for the CourtREED
Citation345 U.S. 295,73 S.Ct. 706,97 L.Ed. 1020
PartiesUNITED STATES v. PUBLIC UTILITIES COMMISSION OF CALIFORNIA et al. MINERAL COUNTY, NEVADA v. PUBLIC UTILITIES COMMISSION OF CALIFORNIA et al
Docket NumberNos. 205,206
Decision Date06 April 1953
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193 practice notes
  • State ex rel. Utilities v. Carolina Power, No. 649A03.
    • United States
    • North Carolina United States State Supreme Court of North Carolina
    • July 1, 2005
    ...for resale in interstate commerce, while the [FPA] established federal jurisdiction over such sales." United States v. Pub. Utils. Comm'n, 345 U.S. 295, 311, 73 S.Ct. 706, 716, 97 L.Ed. 1020, 1035 (1953). Since then, United States Supreme Court decisions have made clear that FERC has plenar......
  • United Illuminating Co. v. City of New Haven, No. 15462
    • United States
    • Supreme Court of Connecticut
    • April 22, 1997
    ...That process seems to me not interpretation of a statute but creation of a statute." United States v. Public Utilities Commission, 345 U.S. 295, 319, 73 S.Ct. 706, 719, 97 L.Ed. 1020 (1953) (Jackson, J., concurring). It is simply undemocratic for any public officers other than the elected r......
  • Norfolk Southern Corp. v. Oberly, No. 86-5322
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • June 30, 1987
    ...Power Co. v. New Hampshire, 455 U.S. at 341, 102 S.Ct. at 1102 (1982) (quoting United States v. Public Utilities Comm'n of California, 345 U.S. 295, 304, 73 S.Ct. 706, 712, 97 L.Ed.2d 1020 (1953)). Given that "for a state regulation to be removed from the reach of the dormant Commerce Claus......
  • Jenkins v. Entergy Corp., No. 13-05-035-CV.
    • United States
    • Court of Appeals of Texas
    • March 2, 2006
    ...not preserve "exclusive state regulation of wholesale hydroelectric sales across state borders." See United States v. Pub. Utils. Comm'n, 345 U.S. 295, 310, 73 S.Ct. 706, 97 L.Ed. 1020 (1953) (citing 16 U.S.C. § 824(a)). State power does not extend to an interstate sale "in wholesale quanti......
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189 cases
  • State ex rel. Utilities v. Carolina Power, No. 649A03.
    • United States
    • North Carolina United States State Supreme Court of North Carolina
    • July 1, 2005
    ...for resale in interstate commerce, while the [FPA] established federal jurisdiction over such sales." United States v. Pub. Utils. Comm'n, 345 U.S. 295, 311, 73 S.Ct. 706, 716, 97 L.Ed. 1020, 1035 (1953). Since then, United States Supreme Court decisions have made clear that FERC has plenar......
  • United Illuminating Co. v. City of New Haven, No. 15462
    • United States
    • Supreme Court of Connecticut
    • April 22, 1997
    ...That process seems to me not interpretation of a statute but creation of a statute." United States v. Public Utilities Commission, 345 U.S. 295, 319, 73 S.Ct. 706, 719, 97 L.Ed. 1020 (1953) (Jackson, J., concurring). It is simply undemocratic for any public officers other than the elected r......
  • Norfolk Southern Corp. v. Oberly, No. 86-5322
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • June 30, 1987
    ...Power Co. v. New Hampshire, 455 U.S. at 341, 102 S.Ct. at 1102 (1982) (quoting United States v. Public Utilities Comm'n of California, 345 U.S. 295, 304, 73 S.Ct. 706, 712, 97 L.Ed.2d 1020 (1953)). Given that "for a state regulation to be removed from the reach of the dormant Commerce Claus......
  • Jenkins v. Entergy Corp., No. 13-05-035-CV.
    • United States
    • Court of Appeals of Texas
    • March 2, 2006
    ...not preserve "exclusive state regulation of wholesale hydroelectric sales across state borders." See United States v. Pub. Utils. Comm'n, 345 U.S. 295, 310, 73 S.Ct. 706, 97 L.Ed. 1020 (1953) (citing 16 U.S.C. § 824(a)). State power does not extend to an interstate sale "in wholesale quanti......
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3 books & journal articles
  • Minimizing Constitutional Risk in State Energy Policy: A Survey of the State of the Law
    • United States
    • Environmental Law Reporter Nbr. 45-5, May 2015
    • May 1, 2015
    ...Stat. 871. 116. New England Power Co. v. New Hampshire, 455 U.S. 331, 340 (1982) ( citing United States v. Public Utils. Comm’n of Cal., 345 U.S. 295, 311 (1953)); see also Nantahala Power & Light Co. v. hornburg, 476 U.S. 953, 956 (1986) (stating that FERC “has exclusive jurisdiction over ......
  • Legal After-Shocks on the Energy Seismograph: Judicial Prohibition of Recent State Regulation and Promotion of Power
    • United States
    • Environmental Law Reporter Nbr. 45-6, June 2015
    • June 1, 2015
    ...J., concurring in the judgment). 22. New England Power Co. , 455 U.S. at 340 ( citing United States v. Public Utils. Comm’n of Cal., 345 U.S. 295, 311 (1953). See also Nantahala Power & Light Co. v. hornburg, 476 U.S. 953, 956 (1986) (stating that the Commission “has exclusive jurisdiction ......
  • The Congressional Record: Fact or Fiction of the Legislative Process
    • United States
    • Political Research Quarterly Nbr. 12-4, December 1959
    • December 1, 1959
    ...Devices, 346 U.S. 441 (1953), wherein he cites floorstatements of a number of congressmen as well as the House committee report. 39 345 U.S. 295 at 321 Neuberger, op. cit. 991 be that a committee report is accepted by the membership at large or thata statement of the floor manager of a bill......

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