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SIERRA CLUB v. F.E.R.C.

Nos. 83-7584, 83-7699.

754 F.2d 1506 (1985)

SIERRA CLUB, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. TUOLUMNE RIVER EXPEDITIONS, INC., Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, Ninth Circuit.

Submission Vacated September 19, 1984.

Resubmitted and Reassigned February 19, 1985.

Decided March 6, 1985.

As Amended May 8, 1985.

Attorney(s) appearing for the Case

Michael H. Remy, Remy & Thomas, Sacramento, Cal., for petitioner Tuolumne River Expeditions, Inc.

Suzanne D. Case, Robert B. Thum, Pettit & Martin, San Francisco, Cal., for petitioner Sierra Club.

Lee C. White, Peter S. Leyton, White, Fine & Verville, Washington, D.C., for intervenors Turlock & Modesto Irr. Dist.

William H. Satterfield, Jerome M. Feit, Joshua Z. Rokach, Bonnie Cord, Marilyn M. Gossel, Washington, D.C., Thomas Berliner, San Francisco, Cal., for respondent F.E.R.C.

David W. Hamilton, Deputy Atty. Gen., San Francisco, Cal., amicus for the People of the State of Cal.

Before PHILLIPS, POOLE and CANBY, Circuit Judges.

POOLE, Circuit Judge:

The Sierra Club and Tuolumne River Expeditions, Inc. petition for review of a Federal Energy Regulatory Commission (Commission) order granting the Modesto and Turlock Irrigation Districts (MID, TID) and the City and County of San Francisco a preliminary permit for the Clavey-Wards Ferry hydroelectric project. We affirm the Commission's order.

I.

The Commission is responsible for licensing the construction and maintenance of...

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