16 U.S.C. § 825o

Penalties for violations; applicability of section

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 16 CasesGoogle Scholar

(a) Statutory violations

Any person who willfully and knowingly does or causes or suffers to be done any act, matter, or thing in this chapter prohibited or declared to be unlawful, or who willfully and knowingly omits or fails to do any act, matter, or thing in this chapter required to be done, or willfully and knowingly causes or suffers such omission or failure, shall, upon conviction thereof, be punished by a fine of not more than $1,000,000 or by imprisonment for not more than 5 years, or both.

(b) Rules violations

Any person who willfully and knowingly violates any rule, regulation, restriction, condition, or order made or imposed by the Commission under authority of this chapter, or any rule or regulation imposed by the Secretary of the Army under authority of subchapter I of this chapter shall, in addition to any other penalties provided by law, be punished upon conviction thereof by a fine of not exceeding $25,000 for each and every day during which such offense occurs.

(June 10, 1920, ch. 285, pt. III, § 316, as added Aug. 26, 1935, ch. 687, title II, § 213, 49 Stat. 862; amended July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501; Pub. L. 102–486, title VII, § 725(a), Oct. 24, 1992, 106 Stat. 2920; Pub. L. 109–58, title XII, § 1284(d), Aug. 8, 2005, 119 Stat. 980.)Editorial NotesAmendments

2005—Subsec. (a). Pub. L. 109–58, § 1284(d)(1), substituted “$1,000,000” for “$5,000” and “5 years” for “two years”.

Subsec. (b). Pub. L. 109–58, § 1284(d)(2), substituted “$25,000” for “$500”.

Subsec. (c). Pub. L. 109–58, § 1284(d)(3), struck out subsec. (c) which read as follows: “This subsection shall not apply in the case of any provision of section 824j, 824k, 824l, or 824m of this title or any rule or order issued under any such provision.”

1992—Subsec. (c). Pub. L. 102–486 added subsec. (c).

Statutory Notes and Related SubsidiariesChange of Name

Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted “Title 10, Armed Forces” which in sections 3010 to 3013 continued military Department of the Army under administrative supervision of Secretary of the Army.

State Authorities; Construction

Nothing in amendment by Pub. L. 102–486 to be construed as affecting or intending to affect, or in any way to interfere with, authority of any State or local government relating to environmental protection or siting of facilities, see section 731 of Pub. L. 102–486, set out as a note under section 796 of this title.

Notes of Decisions

Cited in 7 cases, 1942–2015 · leading case: S. Union Co. v. United States, 132 S. Ct. 2344 (2012).

Sort: Relevance Newest Treatment

S. Union Co. v. United States, 132 S. Ct. 2344 (2012). “§ 717t(b); 16 U.S.C. § 825o(b); Cal. Health & Safety Code Ann.”

Midland Power Coop. v. Fed. Energy Regulatory Comm'n, 774 F.3d 1 (D.C. Cir. 2014). “862 with 16 U.S.C. § 825o (same discrepancy); compare also 119 Stat.”

Niagara Mohawk Power Corp. v. Fed. Power Comm'n, 379 F.2d 153 (D.C. Cir. 1967). “§ 825m (1964), for willful violation of the Act, rules, regulations, or orders; Section 315(a), 16 U.S.C. § 825n (1964), for willful failure to comply with orders, *158 nces, or regulations, or to respond to a subpoena or make an appearance, or to submit information or documents…”

Wolverine Power Co. v. Fed. Energy Regulatory Comm'n, 963 F.2d 446 (D.C. Cir. 1992). · cites it 3× “Any person who willfully and knowingly violates any rule, regulation, restriction, condition, or order made or imposed by [FERC] .”

Fed. Energy Regulatory Comm'n v. Barclays Bank PLC, 105 F. Supp. 3d 1121 (E.D. Cal. 2015). “” FPA § 316, 16 U.S.C. § 825o(a) provides for criminal liability by “[a]ny person” who knowingly violates any provision of the FPA, which would include FPA § 222.”

Jersey Cent. Power & Light Co. v. Fed. Power Comm'n, 129 F.2d 183 (3rd Cir. 1942). · cites it 2× “§ 825n: For any wilful or knowing act of commission or omission in violation of any of the terms of the Act any person may be punished by a fine not exceeding $5000 or imprisonment for not more than two years or both, Section 316(a), 16 U.S.C.A. § 825o(a): And for any wilful or…”

Imperial Irrigation Dist. v. California Indep. Sys. Operator Corp., 146 F. Supp. 3d 1217 (S.D. Cal. 2015). “, 119 FERC ¶ 62,014 , FERC “accepted] CAISO’s commitment to file quarterly reports” on “import capability transactions,” id.”

— 16 U.S.C. § 825o(a) — 2 cases

Jersey Cent. Power & Light Co. v. Fed. Power Comm'n, 129 F.2d 183 (3rd Cir. 1942). “§ 825n: For any wilful or knowing act of commission or omission in violation of any of the terms of the Act any person may be punished by a fine not exceeding $5000 or imprisonment for not more than two years or both, Section 316(a), 16 U.S.C.A. § 825o(a): And for any wilful or…”

— 16 U.S.C. § 825o(b) — 1 case

S. Union Co. v. United States, 132 S. Ct. 2344 (2012). “§ 717t(b); 16 U.S.C. § 825o(b); Cal. Health & Safety Code Ann.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.