Read FPL Energy Maine Hydro LLC v. Fed. Energy Regulatory Comm'n, 051871

In dispute regarding plaintiff's effort to secure a renewal of an operating license from defendant-federal commission plaintiff's attempts to get a water state quality certification, petition to review defendant's stay order is denied where: 1) res judicata did not deprive plaintiff of its ordinary opportunity to get an order issued by defendant reviewed on the merits in a federal circuit court; 2) plaintiff did not show that the standard of review applicable to its legal claim was any different than in the Maine Supreme Judicial Court (SJC) than it would have been if the court considered the legal issue itself; 3) defendant did not modify the license but simply stayed its order granting the license pending reconsideration; and 4) the Maine SJC's contrary determination that the Department of Environmental Protection (DEP) Board's rescission was timely bound plaintiff in the present court.

Appellate Information

• Decided 12/23/2008
• Published 12/23/2008

Court

• United States First Circuit

Counsel