CONSERVATION LAW FOUNDATION v. F.E.R.C.

Nos. 99-1035, 99-1159, 99-1161 & 99-1162.

216 F.3d 41 (2000)

CONSERVATION LAW FOUNDATION, et al., Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. State of Maine; Great Northern Paper, Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 23, 2000.


Attorney(s) appearing for the Case

Sean H. Donahue, Attorney, U.S. Department of Justice, argued the cause for the federal petitioners. With him on the briefs were Lois J. Schiffer, Assistant Attorney General, Peter Coppelman, Acting Assistant Attorney General, James C. Kilbourne, Ellen Durkee, and M. Alice Thurston, Attorneys. Ellen D. Katz, Attorney, entered an appearance.

Carol A. Blasi argued the cause for petitioner Conservation Law Foundation, et al. With her on the briefs was Alexander W. Sierck. Mona M. Janopaul entered an appearance.

Kaighn Smith, Jr. argued the cause for petitioner Penobscot Indian Nation. With him on the briefs was Mark Chavaree.

Beth G. Pacella, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With her on the brief were John H. Conway, Acting Solicitor, and Timm L. Abendroth, Attorney.

Andrew Ketterer, Attorney General, and Paul Stern, Deputy Attorney General, were on the brief for intervenor State of Maine.

Catherine R. Connors and Matthew D. Manahan were on the brief for intervenor Great Northern Paper, Inc.

Before: RANDOLPH, TATEL, and GARLAND, Circuit Judges.


Opinion for the Court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge:

The Department of the Interior and the Environmental Protection Agency, conservation groups,1 and the Penobscot Indian Nation petition for review of the Federal Energy Regulatory Commission's relicensing of a hydroelectric project in north-central Maine. The issues presented go mainly to the adequacy of the Commission's consideration of the various...

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