ESCONDIDO MUTUAL WATER CO. ET AL.
v.
LA JOLLA BAND OF MISSION INDIANS ET AL.
Supreme Court of United States.https://leagle.com/images/logo.png
Argued March 26, 1984
Decided May 15, 1984
Attorney(s) appearing for the Case
Paul D. Engstrand argued the cause for petitioners. With him on the brief were Donald R. Lincoln, Leroy A. Wright, John R. Schell, Kent H. Foster, and C. Emerson Duncan II.
Jerome M. Feit argued the cause for respondent Federal Energy Regulatory Commission urging reversal. With him on the briefs were Stephen R. Melton, Arlene Pianko Groner, and Kristina Nygaard.
Elliott Schulder argued the cause for respondent Secretary of the Interior. With him on the brief were Solicitor General Lee, Assistant Attorney General Habicht, Deputy Solicitor General Claiborne, Dirk D. Snel, and James C. Kilbourne. Robert S. Pelcyger argued the cause for respondents La Jolla Band of Mission Indians et al. With him on the brief were Scott B. McElroy, Jeanne S. Whiteing, and Arthur J. Gajarsa.*
Patrick A. Parenteau filed a brief for the National Wildlife Federation et al. as amici curiae.
Supreme Court of United States.
JUSTICE WHITE delivered the opinion of the Court.
Section 4(e) of the Federal Power Act (FPA), 41 Stat. 1066, as amended, 16 U. S. C. § 797(e), authorizes the Federal Energy Regulatory Commission (Commission)1 to issue licenses for the construction, operation and maintenance of hydroelectric project works located on the public lands and reservations of the United States, including lands held in trust for Indians. The conditions upon...
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