United States DC Circuit

Petition for review of a Federal Energy Regulatory Commission order imposing a civil penalty, for failure to install stream-flow monitoring equipment at a hydroelectric power project, was filed before there was any final agency action for the court to review, and is thus incurably premature and dismissed for want of jurisdiction.

Appellate Information

• Argued 03/12/2002
• Decided 06/28/2002
• Published 06/28/2002

Judges

• Before:  GINSBURG, Chief Judge, and ROGERS and GARLAND, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Carolyn Elefant argued the cause for petitioner.   With her on the briefs was Paul V. Nolan.


• For Appellees:
  
• Judith A. Albert, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent.   With her on the brief were Cynthia A. Marlette, General Counsel, and Dennis Lane, Solicitor.