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MALTA IRR. DIST. v. F.E.R.C.

Nos. 90-1584, 90-1606 and 91-1094.

955 F.2d 59 (1992)

MALTA IRRIGATION DISTRICT, et al., Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Petitioners, Continental Hydro Corporation, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided February 7, 1992.

Attorney(s) appearing for the Case

James B. Liberman, Washington, D.C., with whom Matthew W. Knierim, Glasgow, Mont., was on the brief, for petitioners Malta Irrigation District, et al. in 90-1584 and 91-1094 and intervenors in 90-1606.

Michael R. Waller, with whom Jonathan W. Gottlieb and Timothy M. Murphy, Washington, D.C., were on the brief, for petitioners Liberty County, et al. in 90-1606.

Joel M. Cockrell, Atty., F.E.R.C., with whom William S. Scherman, Gen. Counsel, Jerome M. Feit, Sol., and Joseph S. Davies, Deputy Solicitor, Washington, D.C., were on the brief, for respondent in 90-1584, 90-1606 and 91-1094. Katherine Waldbauer also entered an appearance for respondent.

David B. Ward, with whom Elizabeth A. Ward, Washington, D.C., and Garry B. Watzke, Boston, Mass., were on the brief, for intervenor, in 90-1584, 90-1606, and 91-1094.

Before RUTH BADER GINSBURG, SILBERMAN and SENTELLE, Circuit Judges.

Opinion for the court filed by Circuit Judge RUTH BADER GINSBURG.

RUTH BADER GINSBURG, Circuit Judge:

The Federal Power Act instructs the Federal Energy Regulatory Commission (FERC or Commission) to accord "municipalities" a preference as applicants for permits and licenses to develop hydroelectric power projects. See 16 U.S.C. §§ 796(7), 800(a). This case, involving a project to develop the Tiber Dam in Liberty County, Montana, concerns FERC...

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