U.S. Court of Appeals for the Ninth Circuit

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In action to enforce penalty for violation of Federal Power Act, Ninth Circuit holds that five-year statute of limitations in 28 U.S.C. § 2462 began running only when agency assessed penalty

August 18, 2023

Click here to view the opinion. The U.S. Chamber filed an amicus brief opposing this result, arguing that statute of limitations ran from date of alleged wrongdoing.

U.S. Chamber files amicus brief

August 05, 2022

The U.S. Chamber’s amicus brief urged the Ninth Circuit to hold the five-year statute of limitations provided by 28 U.S.C. § 2462 does not give the agency (1) five years to issue an initial administrative assessment of a penalty without a hearing, (2) an indeterminate period in which to perform an investigation, and (3) a second five-year period in which to file a complaint in federal court.

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