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WASH. STATE DEPT. OF FISHERIES v. F.E.R.C.

Nos. 84-7669, 85-7088.

801 F.2d 1516 (1986)

WASHINGTON STATE DEPARTMENT OF FISHERIES, Washington State Department of Game, and Tulalip Tribes of Washington, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, Ninth Circuit.

Decided October 15, 1986.

As Amended on Denial of Rehearing December 18, 1986.

Attorney(s) appearing for the Case

D. Anthony Weeks, Asst. Atty. Gen., Olympia, Wash., and Allen H. Sanders, Bell & Ingram, Everett, Wash., for petitioners.

Douglas A. North, Hennings, Maltman, Weber & Reed, Seattle, Wash., for amicus curiae Friends of Whitewater.

William H. Satterfield, General Counsel, Jerome M. Feit, Solicitor, and Joshua Z. Rokach, General Counsel, F.E.R.C., Washington, D.C., for respondent.

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

JAMES R. BROWNING, Chief Judge:

The Tulalip Tribes of Washington ("Tribes") and the Washington State Departments of Fisheries and Game appeal the Federal Energy Regulatory Commission's ("Commission") issuance of eleven preliminary permits for hydroelectric projects in the Snohomish River Basin in Washington.

I

The issues presented are similar to those in National Wildlife Federation v. FERC, 801 F.2d 1505...

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