16 U.S.C. § 823
Repeal of inconsistent laws
All Acts or parts of Acts inconsistent with this chapter are repealed: Provided, That nothing contained herein shall be held or construed to modify or repeal any of the provisions of the Act of Congress approved
Notes of Decisions
Cited in 7
cases, 1929–1992 · leading case: Sierra Club v. Fed. Energy Regulatory Comm'n, Tuolumne River Expeditions, Inc. v. Fed. Energy Regulatory Comm'n, 754 F.2d 1506 (9th Cir. 1985).
Sierra Club v. Fed. Energy Regulatory Comm'n, Tuolumne River Expeditions, Inc. v. Fed. Energy Regulatory Comm'n, 754 F.2d 1506 (9th Cir. 1985). “16 U.S.C. § 823 . *1511 Petitioners argue that, because the facilities proposed here are extensions of the original Hetch Hetchy system, they are subject to the Raker Act and are therefore under the sole jurisdiction of the Secretary of Interior, not the Commission.”
Scenic Hudson Pres. Conf. v. Callaway, 370 F. Supp. 162 (S.D.N.Y. 1973). “” 16 U.S.C. § 823 . Con Ed submits that Corps licensing of hydroelectric plants under § 10 of the 1899 Act is inconsistent with § 29 of the Federal Power Act and that the former, to the extent that it applied to hydroelectric plants, has been repealed by the latter.”
Wolverine Power Co. v. Fed. Energy Regulatory Comm'n, 963 F.2d 446 (D.C. Cir. 1992). “” See 16 U.S.C. § 823 (c). Congress thus used the broader term “person” in this provision because it includes all three types of entities.”
The Montana Power Co., a Montana Corp. v. The Fed. Power Comm'n, 330 F.2d 781 (9th Cir. 1964). “Section 29 of the Act, 16 U.S.C. § 823 provides that “All Acts or parts of Acts inconsistent with this chapter are repealed.”
Escondido Mut. Water Co. v. Fed. Energy Regulatory Comm'n, 692 F.2d 1223 (9th Cir. 1982). “6 The Commission takes the position that section 29 of the FPA, 16 U.S.C. § 823 (1976), repeals section 8 of MIRA to whatever extent section 8 of MIRA comes into conflict with the Commission’s asserted power to grant rights-of-way across reservations under its licensing…”
United States v. S. Power Co., 31 F.2d 852 (4th Cir. 1929). “1077 , 16 USCA § 823. See 32 Opinions of Atty. Gen.”
State of California v. Fed. Power Comm'n, 345 F.2d 917 (9th Cir. 1965). “*924 The districts, however, will continue to receive the flows guaranteed to them under the Raker Act as long as they are content with their present facilities.”
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