SWINOMISH TRIBAL, ETC. v. FEDERAL ENERGY REG.

Nos. 78-1659, 78-1949, 78-1957 and 78-1958.

627 F.2d 499 (1980)

SWINOMISH TRIBAL COMMUNITY, Upper Skagit Tribe and Sauk-Suiattle Tribe, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, City of Seattle, Washington, Department of Lighting, Intervenor. SWINOMISH TRIBAL COMMUNITY, Upper Skagit Tribe and Sauk-Suiattle Tribe, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, City of Seattle, Washington, Washington State Department of Fisheries and Washington State Dept. of Game, State of Washington, Dept. of Ecology, Intervenors. CANADIAN INTERVENORS (R.O.S.S.) COMMITTEE and David M. Brusson, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, City of Seattle, Washington, Washington State Department of Fisheries and Washington State Dept. of Game, State of Washington, Dept. of Ecology, Intervenors. AMERICAN INTERVENORS, North Cascades Conservation Council, Wilderness Society, Sierra Club, Friends of the Earth, National Parks and Conservation Association, National Audubon Society, Federation of Western Outdoors Clubs, Washington Environmental Council and the Mountaineers, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided June 20, 1980.

Rehearing Denied July 22, 1980.


Attorney(s) appearing for the Case

Robert S. Pelcyger, Boulder, Colo., with whom Lawrence A. Aschenbrenner, Washington, D. C. and Sharon K. Eads, were on brief, for petitioners in Nos. 78-1659 and 78-1949.

Bruce J. Terris, Washington, D. C., with whom Roger M. Leed, Seattle, Wash. and Edward H. Comer, Washington, D. C., were on brief, for petitioners in Nos. 78-1957 and 78-1958.

Kristina Nygaard, Atty., Federal Energy Regulatory Commission, Washington, D. C., with whom Howard E. Shapiro, Sol., McNeill Watkins, II, Atty., Federal Energy Regulatory Commission, Washington, D. C., were on brief, for respondent.

Robert L. McCarty, Washington, D. C., for intervenor, City of Seattle in Nos. 78-1659, 78-1949, 78-1957 and 78-1958.

Charles B. Roe, Jr., Senior Asst. Atty. Gen. and Robert E. Mack, Asst. Atty. Gen., Olympia, Wash., were on brief, for intervenor, State of Washington, Dept. of Ecology in Nos. 78-1949, 79-1957 and 79-1958.

James M. Johnson, Senior Asst. Atty. Gen., Olympia, Wash., was on brief, for intervenor, State of Washington, Dept. of Fisheries, et al. in Nos. 78-1949, 78-1957 and 78-1958.

M. Frazier King, Jr., Atty., Federal Energy Regulatory Commission, Washington, D. C., for respondent in No. 78-1659.

Before MacKINNON and WALD, Circuit Judges and PRATT, United States District Judge for the District of Columbia.


Opinion for the Court filed by District Judge JOHN H. PRATT.

JOHN H. PRATT, District Judge:

This petition challenges the validity of orders1 by the Federal Energy Regulatory Commission (hereinafter "Commission") approving an amendment to the license of the Department of Lighting of the City of Seattle (hereinafter "City") for the Skagit River Project No. 553 in Washington State. Application for the amendment was made to the Federal...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases