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NATIONAL WILDLIFE FEDERATION v. F.E.R.C.

No. 88-1697.

912 F.2d 1471 (1990)

NATIONAL WILDLIFE FEDERATION, et al., Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, The City of Fort Smith, Arkansas, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided July 31, 1990.

Attorney(s) appearing for the Case

S. Elizabeth Birnbaum, for petitioners.

Samuel Soopper, Attorney, F.E.R.C., with whom Catherine C. Cook, Gen. Counsel, Joseph S. Davies, Deputy Sol., F.E.R.C., were on the brief, for respondent.

Don S. Smith, for intervenor.

Before D.H. GINSBURG and SENTELLE, Circuit Judges, and ROBINSON, Senior Circuit Judge.

Opinion for the Court filed PER CURIAM.

PER CURIAM:

The National Wildlife Federation, et al. ("NWF") petitions for review of orders of the Federal Energy Regulatory Commission ("FERC" or "the Commission") granting to the City of Fort Smith, Arkansas, ("Fort Smith") a license for the construction and operation of a dam on Lee Creek, near the Arkansas-Oklahoma border. Because a small hydroelectric powerhouse was to be built along the dam, FERC jurisdiction attached...

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