FEDERAL POWER COMM'N v. OREGON.

No. 367.

349 U.S. 435 (1955)

FEDERAL POWER COMMISSION v. OREGON ET AL.

Supreme Court of United States.

Decided June 6, 1955.


Attorney(s) appearing for the Case

Willard W. Gatchell argued the cause for petitioner. With him on the brief were Solicitor General Sobeloff, Assistant Attorney General Rankin, Oscar H. Davis, William H. Veeder, John C. Mason and Louis C. Kaplan.

Arthur G. Higgs, Assistant Attorney General of Oregon, argued the cause for respondents. With him on the brief were Robert Y. Thornton, Attorney General, and E. G. Foxley, Deputy Attorney General.

Rollin E. Bowles argued the cause for the Oregon Division of the Izaak Walton League of America, Inc., as amicus curiae, supporting respondents. With him on the brief was L. C. Binford.

Motions to appear as amici curiae and adopt the brief of respondents were filed by the States of Indiana, by Edwin K. Steers, Attorney General; Louisiana, by Fred S. LeBlanc, Attorney General; Michigan, by Thomas M. Kavanagh, Attorney General, Edmund E. Shepherd, Solicitor General, and Daniel J. O'Hara, Assistant Attorney General; Minnesota, by Miles Lord, Attorney General, and Perry G. Voldness, Special Assistant Attorney General; Montana, by Arnold H. Olsen, Attorney General, and Charles W. Leaphart, Assistant Attorney General; Nebraska, by Clarence S. Beck, Attorney General, and Robert V. Hoagland, Assistant Attorney General; Nevada, by Harvey Dickerson, Attorney General, and W. T. Mathews, Special Assistant Attorney General; North Dakota, by Leslie R. Burgum, Attorney General; Pennsylvania, by Herbert B. Cohen, Attorney General, and Lois G. Forer, Deputy Attorney General; Texas, by John Ben Shepperd, Attorney General; Utah, by E. R. Callister, Attorney General, and Robert B. Porter, Assistant Attorney General; and Washington, by Don Eastvold, Attorney General, and Joseph T. Mijich and Richard F. Broz, Assistant Attorneys General.


MR. JUSTICE BURTON delivered the opinion of the Court.

As in First Iowa Coop. v. Federal Power Commission, 328 U.S. 152, this case illustrates the integration of the federal and state jurisdictions in licensing water power projects under the Federal Power Act.1 In the First Iowa case we sustained the authority of the Commission to license a power project to use navigable waters of the...

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