42 U.S.C. § 7252
Delegation
Except as otherwise expressly prohibited by law, and except as otherwise provided in this chapter, the Secretary may delegate any of his functions to such officers and employees of the Department as he may designate, and may authorize such successive redelegations of such functions within the Department as he may deem to be necessary or appropriate.
Notes of Decisions
Cited in 13
cases, 1978–2005 · leading case: Yankee Atomic Electric Co. v. United States
Yankee Atomic Electric Co. v. United States (2002)
“Milner is proper under the Secretary’s general sub-delegation authority contained in 42 U.S.C. § 7252 ; 2) Mr. Milner’s affidavit meets the requirements for invoking the deliberative process privilege; 3) any factual information in the withheld documents is so intertwined with…”
United States of America and J. Kenneth Mansfield, Inspector General of the Department of Energy v. John Iannone, Americ (1979)
“Section 642 of the Act, 42 U.S.C. § 7252 states: Except as otherwise expressly prohibited by law, and except as otherwise provided in this chapter, the Secretary may delegate any of his functions to such officers and employees of the Department as he may designate, and may…”
Transcanada Pipelines Limited v. Federal Energy Regulatory Commission, No. 87-1229 (1989)
“The Secretary was also given authority “to delegate any of his functions to such officers and employees of the Department” as he deems appropriate, see 42 U.S.C. § 7252 , including the Economic Regulatory Administration (“ERA”), see 42 U.”
Coastal States Gas Corporation v. Department of Energy (1979)
“Coastal States first contends that the DOE contract with Alexander Grant & Company is an illegal delegation under 42 U.S.C. § 7252 . That section provides, “except as otherwise provided in this chapter, the Secretary may delegate any of his functions to such officers and…”
United States v. Tex-La Electric Cooperative, Inc., United States of America v. Northeast Texas Electric Cooperative, In (1982)
“Pursuant to his delegation of authority under section 642 of the DOE Act, 42 U.S.C. § 7252 , the Secretary of Energy delegated away all of his federal hydroelectric rate regulation authority on December 22, 1978.”
Jade Trading, LLC v. United States (2005)
“306 (2002), the Court held that the Secretary of Energy could delegate the power to invoke the deliberative process privilege to the Chief Operating Officer (COO) of DOE, relying upon the statute authorizing the delegation, 42 U.S.C. § 7252 , and concluding that precedent of the…”
Planning Research Corp. v. United States (1983)
“Defendant bases its contention on the plain language of 42 U.S.C. § 7252 . That section of the DOE Organization Act reads as follows: Except as otherwise expressly prohibited by law, and except as otherwise provided in this chapter, the Secretary [of DOE] may delegate any of his…”
Midwestern Gas Transmission Co. v. Federal Energy Regulatory Commission (1978)
“See 42 U.S.C.A. § 7252 (Supp.1977) (except as expressly prohibited by law, or otherwise provided in the DOE Act, Secretary may delegate any of his functions to such members of the Department of Energy as he chooses).”
West Virginia Public Services Commission v. United States Department of Energy (1982)
“The Secretary was in turn authorized to delegate any of his functions to an employee or official within the Department, DOE Act, § 642, 42 U.S.C. § 7252 (Supp. IV 1980). The ERA was created as a DOE subdivision available to receive any such delegation.”
Overton Power District No. 5 v. Watkins (1993)
“19744, May 30, 1986 (Amended Delegation Order 0204-108); see also 42 U.S.C. § 7252 (statutc permitting Energy Secretary to delegate functions); United States v.”
Colorado River Energy Distributors Ass'n v. Lewis (1981)
“” 42 U.S.C. § 7252 . Exercising this authority, the Secretary issued Delegation Order No.”
Coastal States Gas Corp. v. Department of Energy (1979)
“In addition, Coastal has argued that the Department may not contract with Alexander Grant to perform an audit because the contract is tantamount to delegating functions outside of the Department which is prohibited by § 642 of the Department of Energy Organization Act, 42 U.S.C.…”
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