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FRIENDS OF RIVER v. F.E.R.C.

No. 82-2022.

720 F.2d 93 (1983)

FRIENDS OF THE RIVER and Dale Meyer, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Northern California Power Agency, Calaveras County Water District, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided October 11, 1983.

Attorney(s) appearing for the Case

Michael B. Freund, San Francisco, Cal., with whom Michael R. Sherwood, San Francisco, Cal., was on brief, for petitioners.

Joshua Z. Rokach, F.E.R.C., Washington, D.C., with whom Charles A. Moore, Gen. Counsel, and Barbara J. Weller, Deputy Sol., Timothy J. Cooney, Atty., Washington, D.C., were on brief, for respondent.

Clifford W. Schulz, Sacramento, Cal., with whom Christopher D. Williams, Washington, D.C., was on brief, for intervenor Calaveras County Water Dist.

Before GINSBURG and SCALIA, Circuit Judges, and BAZELON, Senior Circuit Judge.

Opinion for the Court filed by Circuit Judge GINSBURG.*

Dissenting opinion filed by Senior Circuit Judge BAZELON.

GINSBURG, Circuit Judge:

The authority of the Federal Energy Regulatory Commission (FERC or Commission1) to license the construction of a hydroelectric plant on a body of water subject to federal jurisdiction is limited by two federal statutes: the Federal Power Act (FPA), 16 U.S...

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