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DELAWARE RIVER BASIN COM'N v. F. E. R. C.

No. 81-2506.

680 F.2d 16 (1982)

DELAWARE RIVER BASIN COMMISSION and Commonwealth of Pennsylvania, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, Third Circuit.

Decided June 2, 1982.

Rehearing and Rehearing Denied July 12, 1982.

Attorney(s) appearing for the Case

David J. Goldberg, Warren Goldberg & Berman, Princeton, N. J., John E. Childe, Jr. (argued), Asst. Counsel, Com. of Pennsylvania, Dept. of Environmental Resources, Harrisburg, Pa., for petitioners.

Charles A. Moore, Gen. Counsel, Jerome M. Feit, Sol., Joshua Z. Rokach (argued), Atty., F. E. R. C., Washington, D. C., for respondent.

Before GIBBONS and HUNTER, Circuit Judges, and THOMPSON, District Judge.

Rehearing and Rehearing In Banc Denied July 12, 1982.

OPINION OF THE COURT

GIBBONS, Circuit Judge:

The Delaware River Basin Commission (DRBC) and the Department of Environmental Resources of the Commonwealth of Pennsylvania (DER) petition for review of a Federal Energy Regulatory Commission (Commission) order granting the Borough of Weatherly (Weatherly) a preliminary permit to study the feasibility of developing hydropower on the Francis E. Walter...

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