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ENVIRONMENTAL ACTION, INC. v. S.E.C.

No. 88-7132.

895 F.2d 1255 (1990)

ENVIRONMENTAL ACTION, INC., Western Shoshone National Council, Citizen Alert, Inc., Petitioners, v. SECURITIES AND EXCHANGE COMMISSION, Respondent, and Sierra Pacific Resources, Intervenor.

United States Court of Appeals, Ninth Circuit.

Decided February 9, 1990.

Attorney(s) appearing for the Case

Scott Hempling, Environmental Action Foundation, Washington, D.C., Thomas E. Luebben, Luebben and Hughes, Albuquerque, N.M., for petitioners.

Paul Gonson, Sol., Jacob H. Stillman, Associate General Counsel, Eric Summergrad, Asst. Gen. Counsel, Katharine Gresham, (argued), Attorney, Securities and Exchange Commission, Washington, D.C., for respondent.

Reuben Goldberg, Goldberg, Fieldman & Letham, P.C., Aaron Levy, LeBoeuf, Lamb, Leiby & McRae, Washington, D.C., David J. Marchant, Graham & James, San Francisco, Cal., for Sierra Pacific Resources, intervenor.

Before HUG, HALL and O'SCANNLAIN, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

We review a Securities and Exchange Commission order approving a holding company's acquisition of an interest in an electric generating plant. Retail customers of a subsidiary electric utility ask us to set aside the order, including its denial of their request for a formal hearing. We affirm.

I

In 1935, in a purported effort to protect consumers and investors from abuses associated with public utility holding companies...

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