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SILENTMAN v. FEDERAL POWER COM'N

No. 76-1192.

566 F.2d 237 (1977)

George SILENTMAN and Mary Silentman, Petitioners, v. FEDERAL POWER COMMISSION, Respondent, San Diego Gas & Electric Co., Southwest Gas Corporation, Transwestern Pipeline Company, et al., and Navajo Tribal Utility Authority, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided August 26, 1977.

Rehearing Denied October 25, 1977.

Attorney(s) appearing for the Case

Richard W. Hughes, Window Rock, Ariz., for petitioners.

Thomas M. Walsh, Atty., Federal Power Commission, Washington, D. C., with whom Drexel D. Journey, Gen. Counsel, Robert W. Perdue, Deputy Gen. Counsel, and Allan Abbot Tuttle, Sol., Federal Power Commission, Washington, D. C., were on the brief, for respondent. D. Jane Drennan, Atty., Federal Power Commission, Washington, D. C., also entered an appearance for respondent.

P. M. Schenkkan, Austin, Tex., with whom James W. McCartney, Norman D. Radford, Houston, Tex., and Thomas D. Clarke, Los Angeles, Cal., were on the brief, for intervenors, Transwestern Pipeline Co., et al.

Constance L. Howard, San Diego, Cal., entered an appearance for intervenor, Southwest Gas Corp.

Walter F. Wolf, Jr., Gallup, N. M., entered an appearance for intervenor, Navajo Tribal Utility Authority.

Donald J. Richardson, San Francisco, Cal., entered an appearance for intervenor, San Diego Gas & Elec. Co.

Before WRIGHT and MacKINNON, Circuit Judges, and HOWARD T. MARKEY, Chief Judge, United States Court of Customs and Patent Appeals.

Opinion for the Court filed by MacKINNON, Circuit Judge.

Opinion filed by J. SKELLY WRIGHT, Circuit Judge, concurring in the result.

MacKINNON, Circuit Judge:

The National Environmental Policy Act, 42 U.S.C. § 4321 et seq. (1970) ("NEPA"), has undoubtedly had a tremendous influence on the conduct of governmental functions, but seldom has the degree of that influence approached closer to actual interference than in this case. Petitioners...

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