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NRIC v. THE COUNCIL

No. 10-72104.

730 F.3d 1008 (2013)

NORTHWEST RESOURCE INFORMATION CENTER, INC., Petitioner, v. NORTHWEST POWER AND CONSERVATION COUNCIL, Respondent, Northwest RiverPartners; Bonneville Power Administration; Public Power Council, Respondents-Intervenors.

United States Court of Appeals, Ninth Circuit.

Filed September 18, 2013.

Attorney(s) appearing for the Case

Stephen D. Mashuda (argued) and Kevin E. Regan , Earthjustice, Seattle, WA, for Petitioner.

John L. Shurts (argued) and Sandra L. Hirotsu , Northwest Power and Conservation Council, Portland, OR, for Respondent.

Philip S. Key and David J. Adler , Bonneville Power Administration, Portland, OR, for Respondent-Intervenor Bonneville Power Administration.

Irene A. Scruggs , Public Power Council, Portland, OR, for Respondent-Intervenor Public Power Council.

Beth S. Ginsberg (argued) and Jason T. Morgan , Stoel Rives, LLP, Seattle, WA, for Respondent-Intervenor Northwest RiverPartners.

Before: ARTHUR L. ALARCÓN, RONALD LEE GILMAN, and SANDRA S. IKUTA, Circuit Judges.

OPINION

GILMAN, Senior Circuit Judge:

The present case is the latest round of environmental litigation in the 33-year history of the Pacific Northwest Electric Power Planning and Conservation Act (the Power Act), 16 U.S.C. §§ 839-839h. That statute established the Northwest Power and Conservation Council (the Council), an interstate agency composed of state-appointed representatives from Idaho, Montana, Oregon, and Washington that Congress tasked...

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