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LAC COURTE OREILLES BAND, ETC. v. FEDERAL POWER COM'N

Nos. 73-2063, 73-2130.

510 F.2d 198 (1975)

LAC COURTE OREILLES BAND OF LAKE SUPERIOR CHIPPEWA INDIANS, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, Northern States Power Company, Intervenor. NORTHERN ENVIRONMENTAL COUNCIL, INC., et al., Petitioners, v. FEDERAL POWER COMMISSION, Respondent, Northern States Power Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided March 21, 1975.

Attorney(s) appearing for the Case

L. Graeme Bell, III, Washington, D. C., and Larry B. Leventhal, Minneapolis, Minn., of the bar of the Supreme Court of Minnesota, pro hac vice, by special leave of court, for petitioner in No. 73-2063.

Romulo L. Diaz, Jr., Atty., F. P. C., with whom Leo E. Forquer, Gen. Counsel, and George W. McHenry, Jr., Sol., F. P. C., were on the brief, for respondent.

William J. Madden, Jr., Washington, D. C., with whom Paul T. Nowak, Jr., Washington, D. C., was on the brief, for intervenor Northern States Power Co.

John M. Wiley, Wausau, Wis., and Roger L. Gette, Devils Lake, N. D., were on the brief for petitioner Great Lakes Inter-Tribal Council, Inc. in No. 73-2130.

Edward Berlin, Washington, D. C., entered an appearance for petitioner Northern Environmental Council, Inc. in No. 73-2130.

Before WRIGHT, MacKINNON and ROBB, Circuit Judges.

Opinion for the court filed by Circuit Judge J. SKELLY WRIGHT.

Concurring and dissenting opinion filed by Circuit Judge MacKINNON.

J. SKELLY WRIGHT, Circuit Judge:

Petitioners seek review of the Federal Power Commission's Opinion No. 664,1 which held that the Commission has authority, under the relicensing section of the Federal Power Act,2 to grant...

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