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TULALIP TRIBES OF WASHINGTON v. F.E.R.C.

Nos. 83-7139, 83-7140 and 83-7149.

732 F.2d 1451 (1984)

The TULALIP TRIBES OF WASHINGTON, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. UPPER SKAGIT INDIAN TRIBE, et al., Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. NATIONAL WILDLIFE FEDERATION, et al., Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, Ninth Circuit.

Decided May 10, 1984.

Attorney(s) appearing for the Case

Allen H. Sanders, James H. Jones, Bell & Ingram, P.S., Everett, Wash., Robert L. Otsea, Jr., Seattle, Wash., Christopher H. Meyer, Washington, D.C., for petitioners.

Joshua Z. Rokach, F.E.R.C., Washington, D.C., for respondent.

Before WRIGHT and HUG, Circuit Judges, and EAST, District Judge.

EAST, Senior District Judge:

Petitioners challenge the Federal Energy Regulatory Commission's final rule authorizing case-specific exemptions from federal licensing requirements for small hydroelectric projects that use "diversion structures" no taller than ten feet and impound no more than two acre-feet of water. We hold that the rule violates the Public Utility Regulatory Policies Act of 1978 (PURPA), as amended by the...

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