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Cadwalader Clients & Friends Memo: Montana Consumer Counsel v. Federal Energy Regulatory Commission

On October 13, 2011, the U.S. Court of Appeals for the Ninth Circuit held that the market-based rate policy embodied in FERC Order No. 697 and FERC Order No. 697-A does not exceed FERC's authority as conferred by the FPA. Under Order 697, which became effective in September 2007, sellers who apply...

Western Group: U.S. Supreme Court Must Hear Mining Case

By William Perry Pendley DENVER - A 117-year-old nonprofit, non-partisan mining trade association with thousands of members on Oct. 5 urged the Supreme Court of the United States to hear a ruling by a badly fractured en banc panel of the U.S. Court of Appeals for the Ninth Circuit. Northwest Mining...

California Miner Appeals Denial of Attorneys' Fees

By William Perry Pendley DENVER - A California miner who won the right to engage in placer mining on his claim in the mountains of northern California after a February 2007 ruling by the Interior Board of Land Appeals (IBLA) on Jan. 24 appealed the ruling of a California federal district court that...