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UDALL v. FPC

No. 463.

387 U.S. 428 (1967)

UDALL, SECRETARY OF THE INTERIOR v. FEDERAL POWER COMMISSION ET AL.

Supreme Court of United States.

Decided June 5, 1967.

Attorney(s) appearing for the Case

Louis F. Claiborne argued the cause for petitioner in No. 463. With him on the brief were Solicitor General Marshall, Assistant Attorney General Weisl, Richard A. Posner, Roger P. Marquis, S. Billingsley Hill, Frank J. Barry, Edward Weinberg, Harry Hogan and Ernest J. London. Northcutt Ely argued the cause and filed briefs for petitioner in No. 462.

Richard A. Solomon argued the cause for respondent Federal Power Commission in both cases. With him on the brief were Howard E. Wahrenbrock, Peter H. Schiff and Joel Yohalem. Hugh Smith argued the cause for respondents Pacific Northwest Power Co. et al. in both cases. With him on the briefs were Francis M. Shea, William H. Dempsey, Jr., Ralph J. Moore, Jr., and John R. Kramer. Robert Y. Thornton, Attorney General, and Richard W. Sabin, Dale T. Crabtree and Leon L. Hagen, Assistant Attorneys General, filed a brief for the State of Oregon, Allan G. Shepard, Attorney General of Idaho, and T. J. Jones III filed a brief for the Idaho Fish and Game Commission, C. Frank Reifsnyder filed a brief for the Idaho Wildlife Federation, and Joseph T. Mijich filed a brief for the Washington State Sportsmen's Council, Inc., et al., respondents in both cases.

MR. JUSTICE DOUGLAS delivered the opinion of the Court.

The Federal Power Commission has awarded Pacific Northwest Power Company (a joint venture of four private power companies) a license to construct a hydroelectric power project at High Mountain Sheep, a site on the Snake River, a mile upstream from its confluence with the Salmon. 31 F. P. C. 247, 1051. The Court of Appeals approved the action, 123 U. S. App. D. C. 209, 358 F.2d 840

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