CITY OF TACOMA, WASHINGTON v. F.E.R.C.

Nos. 05-1054, 05-1093, 05-1180, 05-1181.

460 F.3d 53 (2006)

CITY OF TACOMA, WASHINGTON, Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent Skokomish Indian Tribe, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided August 22, 2006.


Attorney(s) appearing for the Case

Sam Kalen and Stephen H. Goodman, Jr. argued the cause for petitioners City of Tacoma, Washington and Save the Lakes Coalition. With them on the briefs were Michael A. Swiger and Susan A. Moore.

Mason D. Morisset argued the cause and filed the briefs for petitioner Skokomish Indian Tribe.

John Katz, Deputy Associate General Counsel, Federal Energy Regulatory Commission, argued the cause for respondent. With him on the brief were John S. Moot, General Counsel, and Robert H. Solomon, Solicitor.

Lisa E. Jones, Attorney, United States Department of Justice, argued the cause for intervenors the United States Department of Interior and the United States Department of Commerce. With her on the brief was M. Alice Thurston, Attorney.

Daniel H. Squire was on the brief for intervenors American Rivers, et al.

Before: GINSBURG, Chief Judge, and ROGERS and BROWN, Circuit Judges.


Opinion for the Court filed by Circuit Judge BROWN.

BROWN, Circuit Judge.

These consolidated cases seek our review of a series of orders issued by the Federal Energy Regulatory Commission ("FERC" or "Commission"), granting a conditional license to the City of Tacoma ("Tacoma") to operate a hydroelectric project on the Skokomish River in the State of Washington. We deny the petitions in part, grant the petitions in...

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