United States v. Southern California Edison Co.

MEMORANDUM DECISION AND ORDER RE: DEFENDANT’S MOTION TO DISMISS PLAINTIFF’S FIRST, SECOND AND FIFTH CLAIMS AND TO STRIKE PARAGRAPH 72 AND PLEA FOR ATTORNEYS’ FEES AND REQUESTS FOR JUDICIAL NOTICE

I. INTRODUCTION

Before the court are defendant’s motions to dismiss first, second and fifth claims of the complaint for lack of subject matter jurisdiction, arising from a dispute over the interpretation of the authority of the Department of Agriculture to enforce conditions imposed pursuant to 16 U.S.C. § 797 of a license issued by the Federal Energy Regulatory Commission (“FERC”), under 16 U.S.C. § 797 on the Federal Power Act (“FPA”), for the construction, operation and maintenance of hydroelectric project works located on the public lands and reservations of the United States, including national forests. When issuing licenses under 16 U.S.C. § 797 (e), FERC is required to accept without modification conditions imposed by the Secretary of the Department under whose supervision the subject territory falls for the purpose of allowing the responsible Secretary to impose conditions on FERC licenses to ensure the adequate protection and utilization of such territories. Id.

Here, the…