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United States Eighth Circuit


THE COALITION FOR THE FAIR & EQUITABLE REGULATION OF DOCKS ON THE LAKE OF THE OZARKS v. FED. ENERGY REGULATORY COMM'N, 01-1071

In a challenge to user fees assessed on docks at a lake, 1) the FERC had power to regulate the use of project lands by parties other than a licensee, 2) dock users fees were not a tax, and 3) user fee classifications and higher fees for larger docks had a rational basis.

Appellate Information

  • Decided 07/24/2002
  • Published 07/24/2002

Judges

  • JOHN R. GIBSON, Circuit Judge., Before:  BOWMAN, JOHN R. GIBSON, and STAHL, Circuit Judges.

Court

  • United States Eighth Circuit

Counsel

  • For Appellant:
  • Bruce H. Stoltze, argued, Des Moines, IA (Steven P. Brick, on the brief), for appellant., John R. Molm, argued, Washington, DC (Charles A. Zdebski and Ann E. Buckley, on the brief), for intervenor.

  • For Appellees:
  • Robert H. Solomon, argued, Washington, DC (Kevin P. Madden, Dennis Lane and Judith A. Albert, on the brief), for appellee.
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