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PLATTE RIVER WHOOPING CRANE CRITICAL HABITAT MAINTENANCE TRUST v. F.E.R.C.

No. 88-1425.

876 F.2d 109 (1989)

PLATTE RIVER WHOOPING CRANE CRITICAL HABITAT MAINTENANCE TRUST, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, The Central Nebraska Public Power and Irrigation District, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided May 19, 1989.

Attorney(s) appearing for the Case

Abbe David Lowell, with whom Peter J. Kirsch, Washington, D.C., was on the brief, for petitioner.

Hanford O'Hara, Atty., F.E.R.C., with whom Catherine C. Cook, General Counsel, and Joseph S. Davies, Deputy Sol., F.E.R.C., Washington, D.C., were on the brief, for respondent.

Nancy S. Bryson, Washington, D.C., was on the brief, for intervenor.

Tom Watson, Washington, D.C., also entered an appearance, for intervenor.

Before WALD, Chief Judge, and EDWARDS and SILBERMAN, Circuit Judges.

Opinion for the Court filed by Chief Judge WALD.

WALD, Chief Judge:

The banks of the Platte River in central Nebraska are home to a number of endangered species of wildlife, including the whooping crane. Petitioner Platte River Whooping Crane Critical Habitat Maintenance Trust ("Trust") was established in 1978 by the Basin Electric Power Cooperative, Inc. as part of a settlement of litigation over the construction of a Wyoming dam; it is administered by three...

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