Orus Ashby Berkley, et al. v. Federal Energy Regulatory Commission, et al.
I. Is a delegation of Congressional power an "agency
order" or "agency action" such that a party wishing
to challenge that delegation must file that challenge
with the agency under the administrative reviewscheme of 15 U.S.C. § 717r, or is the proper forumfor constitutional challenges the district court?
II. Is an administrative agency's test for determining
"public use" for purposes of eminent domain an"agency order" such that a party wishing tochallenge that test as unconstitutional must filethat challenge with the agency and adhere to itsadministrative review scheme, or is the properforum for constitutional challenges the districtcourt?
Is a delegation of Congressional power an 'agency order' or 'agency action' such that a party wishing to challenge that delegation must file that challenge with the agency under the administrative-review-scheme-of-15-usc-717r, or is the proper-forum-for-constitutional-challenges the-district-court?