holding unreviewable the Secretary's allocation of power between preference entities and holding that "banking" of power with a private utility for later sale to preference entities was in fact a sale, and thus violated the preference clause because it occurred when a preference entity's power was being withdrawn
Summary of this case from City of Anaheim, Cal. v. DuncanNo. 78-35.
October 2, 1978.
C.A. 9th Cir. Certiorari denied. Reported below: 572 F. 2d 660.
holding unreviewable the Secretary's allocation of power between preference entities and holding that "banking" of power with a private utility for later sale to preference entities was in fact a sale, and thus violated the preference clause because it occurred when a preference entity's power was being withdrawn
Summary of this case from City of Anaheim, Cal. v. Duncannoting that Judge Hand referred to his law clerks as "puny judges"
Summary of this case from Gregorich v. Lundnoting in the wake of Salfi that the "Court has narrowed the broad scope of the [doctrine against] irrebuttable presumption"
Summary of this case from Catlin v. Sobolapplying Texas common law
Summary of this case from Guard v. P R Enterprises, Inc.Full title:CITY OF SANTA CLARA, CALIFORNIA v. ANDRUS, SECRETARY OF THE INTERIOR, ET AL
Court:U.S.
Date published: Oct 2, 1978
Id. See Fredonia Broadcasting Corp., Inc. v. RCA Corp., 569 F.2d 251, 257 (5th Cir.), cert. denied, 439 U.S.…
Pacific Power Light Co. v. Duncan(2) agency action is committed to agency discretion by law. As stated in City of Santa Clara, California v.…