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FERC v. MISSISSIPPI

No. 80-1749.

456 U.S. 742 (1982)

102 S.Ct. 2126

72 L.Ed.2d 532

FEDERAL ENERGY REGULATORY COMMISSION ET AL. v. MISSISSIPPI ET AL.

Supreme Court of United States.

Decided June 1, 1982.

Attorney(s) appearing for the Case

Solicitor General Lee argued the cause for appellants. With him on the briefs were Assistant Attorney General Dinkins, Deputy Solicitor General Claiborne, Elliott Schulder, Kathryn A. Oberly, Susan Virginia Cook, Jerome M. Feit, and Joanne Leveque.

Alex A. Alston, Jr., argued the cause for appellees. With him on the brief for appellees State of Mississippi et al. were Hiram Eastland, Hubbard T. Saunders IV, Bill Allain, Attorney General of Mississippi, and Bennett E. Smith, Assistant Attorney General. Joshua Green and James K. Child, Jr., filed a brief for appellee Mississippi Power & Light Co.*

JUSTICE BLACKMUN delivered the opinion of the Court.

In this case, appellees successfully challenged the constitutionality of Titles I and III, and of § 210 of Title II, of the Public Utility Regulatory Policies Act of 1978, Pub. L. 95-617, 92 Stat. 3117 (PURPA or Act). We conclude that appellees' challenge lacks merit and we reverse the judgment below.

I

On November 9, 1978, President Carter signed...

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