Issue: Whether the Federal Power Act (FPA) preempts petitioners' property damage tort and takings claims
caused by the operation of the licensee of a Federal Energy Regulatory Commission licensed
dam project, where the provisions of the FPA
have explicitly saved and reserved such claims to the
On Monday at 9:30 a.m. we expect orders from the October 17 Conference. We do not expect any decisions on the merits but will report promptly on any orders. The Court's next Conference is scheduled for October 31. The November sitting begins November 3.