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SIERRA ASS'N FOR ENVIRONMENT v. F.E.R.C.

No. 83-7054.

744 F.2d 661 (1984)

SIERRA ASSOCIATION FOR ENVIRONMENT, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Kings River Conservation District, Intervenor. Kings River Water Association, Intervenor.

United States Court of Appeals, Ninth Circuit.

Submitted January 15, 1984.

Decided May 3, 1984.

As Amended October 16, 1984.

Attorney(s) appearing for the Case

Glenn M. Kottcamp, Fresno, Cal., for petitioner.

Arlene Pianko Groner, Washington, D.C., for respondent.

Clifford W. Schulz, Kronick, Moskovitz, Tiedemann & Girard, Sacramento, Cal., for intervenor.

Before GOODWIN, PREGERSON and ALARCON, Circuit Judges.

GOODWIN, Circuit Judge.

Sierra Association for Environment (SAFE) petitions for review of a Federal Energy Regulatory Commission (FERC) order licensing a hydroelectric project. SAFE argues it is entitled to a trial-type evidentiary hearing before FERC to oppose the license.

In 1978 the Kings River Conservation District sought permission to construct a hydroelectric project in the Dinkey Creek area. The environmental report required by 18 C.F.R. § 4.41...

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