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STATE OF CAL. v. F.E.R.C.

Nos. 90-70203, 90-70320, 90-70360, 90-70366, 90-70367, 90-70463 and 90-70371.

966 F.2d 1541 (1992)

STATE OF CALIFORNIA, ex rel. STATE WATER RESOURCES CONTROL BOARD; State of California, ex rel. California Department of Fish & Game; Edison Electric Institute; National Hydropower Association, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. PACIFIC GAS AND ELECTRIC COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. HENWOOD ASSOCIATES, INC., Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. AMERICAN RIVERS, INC.; Friends of the River, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, Ninth Circuit.

Decided April 3, 1992.

Attorney(s) appearing for the Case

Michael W. Neville, Deputy Atty. Gen. of the State of Cal., San Francisco, Cal., for petitioner State of Cal., ex rel. State Water Resources Control Bd. Gail Ann Greely, Greely & Greely, Alameda, Cal., for petitioner-intervenor Henwood Associates and petitioner Nat. Hydropower Ass'n, Inc. Louis E. Vincent for petitioner Pacific Gas and Elec. Co. Henri D. Bartholomot for petitioner Edison Elec. Institute. Denis D. Smaage, Deputy Atty. Gen. of the State of Cal., Sacramento, Cal., for petitioner State of Cal., ex rel. California Dept. of Fish & Game. John D. Echeverria, Washington, D.C., for petitioners American Rivers, Inc. and Friends of the River.

Samuel Sooper, U.S. Dept. of Justice, Washington, D.C., for respondent.

John Bryson, Bureau of Land Management, U.S. Dept. of Justice, Washington, D.C., for amicus.

Before: ALARCON, T.G. NELSON, Circuit Judges, and PRICE, District Judge.

T.G. NELSON, Circuit Judge.

A group of conservation organizations, two state agencies, the project sponsor and several hydropower industry representatives challenge the Federal Energy Regulatory Commission's (FERC or Commission) issuance of a license for a small hydroelectric project in California. Petitioners raise issues concerning the Commission's decisions relating to the stream flow regime, undue Congressional influence, waiver of state certification under the...

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