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EARTH RESOURCES CO. v. FED. ENERGY REG. COM'N

Nos. 79-2191, 79-2193.

617 F.2d 775 (1980)

EARTH RESOURCES COMPANY OF ALASKA, Complainant, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Alaskan Northwest Natural Gas Transportation Company Foothills Pipe Lines (YUKON) Limited, Intervenors. STATE OF ALASKA, North Slope Borough, Fairbanks North Star Borough, and Kenai Peninsula Borough, Complainants, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Alaskan Northwest Natural Gas Transportation Company Foothills Pipe Lines (YUKON) Limited, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided January 3, 1980.

Attorney(s) appearing for the Case

Robert H. Loeffler, Washington, D.C., with whom Alan C. Johnston and Cathy R. Silak, San Francisco, Cal., were on the brief, for complainants in No. 79-2193.

Jacob P. Billig, Baltimore, Md., and Marc J. Fink, Washington, D.C., were on the brief for complainant in No. 79-2191.

Kristina Nygaard, Washington, D.C., Attorney, Federal Energy Regulatory Commission, for respondent.

Rush Moody, Jr., Washington, D.C., with whom William J. Grealis, Washington, D.C., was on the brief, for intervenor Alaskan Northwest Gas Transportation Company in Nos. 79-2191 and 79-2193.

George W. McHenry, Jr., Washington, D.C., with whom John H. Burnes, Jr., Washington, D.C., was on the brief, for intervenor Foothills Pipe Lines (YUKON) Limited in Nos. 79-2191 and 79-2193.

Before: ROBB, WILKEY and MIKVA, Circuit Judges.

Opinion for the Court filed by WILKEY, Circuit Judge.

WILKEY, Circuit Judge:

Complainants the State of Alaska and Earth Resources Company of Alaska challenge a Federal Energy Regulatory Commission (FERC) order setting design specifications and initial capacity for the Alaska segment of the Alaska National Gas Transportation System. This system comprises an overland pipeline through Canada to transport natural gas from the Alaska North Slope to the lower forty...

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