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NATIONAL WILDLIFE FEDERATION v. F.E.R.C.

No. 84-7325.

801 F.2d 1505 (1986)

NATIONAL WILDLIFE FEDERATION, Idaho Wildlife Federation, Petitioners, and The Nez Perce Tribe, Intervenor-Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, Ninth Circuit.

Decided September 30, 1986.

Attorney(s) appearing for the Case

Terence L. Thatcher, Portland, Or., for petitioners.

Wilfrid Longeteig, Strom & Longeteig, Craigmont, Idaho, for intervenor-petitioner Nez Perce Tribe.

Kenneth O. Eikenberry, Atty. Gen., D. Anthony Weeks, Asst. Atty. Gen., Olympia, Wash., for amicus curiae Washington State Dept. of Fisheries & Game.

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

Frank W. Ostrander, Douglas J. Balfour, Northwest Power Planning Council, Portland, Or., for amicus curiae Northwest Power Planning Co.

Before BROWNING, Chief Judge, ALARCON, Circuit Judge, and STEPHENS, District Judge.

JAMES R. BROWNING, Chief Judge:

I

The Director of the Office of Electric Power Regulation of the Federal Energy Regulatory Commission ("Commission") issued seven preliminary permits to develop license applications for hydroelectric power projects along the Salmon River, flowing in a 420 mile-long arc through central Idaho. The Nez Perce Tribe ("Tribe"), and the National Wildlife Federation and Idaho Wildlife Federation (jointly referred to as "the Federation...

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