How cited: Platte River Whooping Crane Critical Habitat Maintenance Trust v. Federal Energy Regulato… · Go Syfert

Platte River Whooping Crane Critical Habitat Maintenance Trust v. Federal Energy Regulatory Commission (1989)

green · 86 citation events across 10 courts. Showing the 18 strongest citers on record (one row per citing case, strongest signal kept).
Treatment trajectory · 1989 → 2026 · click a year to view the case as of then
198920072026
Rule Authority · D.C. Cir. · 7 citations in this opinion
A 53-mile stretch of the “Big Bend” reach of the river has been designated as “critical habitat” for the whooping crane, and in 1978 the Platte River Whooping Crane Critical Habitat Maintenance Trust (Trust) was established to “ ‘protect and maintain ... the physical, hydrological and biological integrity of [the] area so that it may continue to function as a life-support system for the whooping crane and other migratory species which utilize it.’ ” Platte River I, 876 F.2d …
Rule Authority · D.C. Cir. · 6 citations in this opinion
A 53-mile stretch of the "Big Bend" reach of the river has been designated as "critical habitat" for the whooping crane, and in 1978 the Platte River Whooping Crane Critical Habitat Maintenance Trust (Trust) was established to " 'protect and maintain ... the physical, hydrological and biological integrity of [the] area so that it may continue to function as a life-support system for the whooping crane and other migratory species which utilize it.' " Platte River I, 876 F.2d …
Rule Authority · 9th Cir. · 3 citations in this opinion
While the Commission’s issuance of project licenses under § 4(e) of the Act is subject to the State certification requirement of § 401, see Keating v. FERC, 927 F.2d 616, 619 (D.C.Cir.1991), the issuance of annual licenses is- a “non-discretionary act, in that the Commission has no choice but to issue the licenses to the existing licensees.” Platte I, 876 F.2d at 114 (citations omitted).
citations omitted
Rule Authority · 8th Cir. · 3 citations in this opinion
Platte River Whooping Crane, 876 F.2d at 112. 12 The district court found that the Trust's participation in the FERC proceedings was designed to persuade FERC to impose conditions on the interim annual licenses of the two hydroelectric projects to bring their operations into compliance with federal environmental laws, including the Endangered Species Act and the Migratory Bird Treaty Act, in order to secure adequate stream flows into the Big Bend area of the Platte River.
Rule Authority · 8th Cir. · 3 citations in this opinion
Platte River Whooping Crane, 876 F.2d at 112.
Rule Authority · D.C. Cir. · 2 citations in this opinion
These statutory requirements “are strict and go well beyond judicially2imposed standards requiring the exhaustion of administrative remedies prior to the exercise of federal court jurisdiction.” Id. at 112-13.
Rule Authority · D.C. Cir.
But since it did not, FERC was under no obligation to discuss it. 10 Whooping Crane, 876 F.2d at 113.
Quote Authority · D.C. Cir.
Trust v. FERC, 876 F.2d 109 , 113 (D.C.
“Neither FERC nor this court has authority to waive these statutory requirements.”
Rule Authority · D.C. Cir.
And “[n]either FERC nor this court has authority to waive these statutory • requirements.” Platte River Whooping Crane, 876 F.2d at 113.
Rule Authority · D. Ariz. · 2 citations in this opinion
See LaFlamme v. FERC, 945 F.2d 1124 (9th Cir.1991) (FPA jurisdictional provision applied to consideration of violation of NEPA by Commission’s order amending and reinstating license); Platte I, 876 F.2d at 113-16; Platte II, 962 F.2d at 32.
Rule Authority · E.D. Cal.
FERC abused its discretion by “refusing even to explore the need for protective conditions.” Platte II, 962 F.2d at 30 (citing Platte I, 876 F.2d at 119).
Cited · D.C. Cir. · signal: see · 2 citations in this opinion
No objection to the order of the Commission shall be considered by the court unless such objection shall have been urged before the Commission in the application for rehearing unless there is reasonable ground for failure so to do. 16 U.S.C. § 825l (1994); see Platte River Whooping Crane Critical Habitat Maintenance Tnst v. FERC, 876 F.2d 109 , 112-13 (D.C.Cir.1989) (“[T]he requirements imposed by the [Federal Power Act] are strict and go well beyond judicially-imposed stand…
Cited · D.C. Cir. · signal: see
See Platte River, 876 F.2d at 112—13.
Cited · D.C. Cir. · signal: see
See Platte River Whooping Crane Critical Habitat Maintenance Trust v. FERC, 876 F.2d 109 , 113 n. 1 (D.C.Cir.1989). 2 An intervenor must, however, satisfy the requirements of Article III standing imposed on petitioners See Rio Grande Pipeline Co. v. FERC, 178 F.3d 533, 538-39 (D.C.Cir.1999).
Cited · D.C. Cir. · signal: see
See Platte River Whooping Crane Critical Habitat Maintenance Trust v. FERC, 876 F.2d 109 , 113 n. 1 (D.C.Cir.1989). .
Cited (see also) · D.C. Cir. · signal: see also
See 16 U.S.C. § 8251 (b); see also Platte River Whooping Crane Critical Habitat Maintenance Trust v. FERC, 876 F.2d 109 , 112 (D.C.Cir.1989)
Cited · N.D.N.Y. · signal: see
See Platte River Whooping Crane Critical Habitat Maintenance Trust v. FERC, 876 F.2d 109 , 113 (D.C.Cir.1989) (jurisdiction-ally insignificant that one party raises is *255 sue in petition for rehearing if party bringing request for judicial review did not).