SALT LAKE CITY, et al., Plaintiffs-Appellants,
v.
WESTERN AREA POWER ADMINISTRATION; William H. Clagett, in his capacity as Administrator of the Western Area Power Administration; The United States Department of Energy; John S. Herrington, in his capacity as Secretary of Energy of the United States, and the United States of America, Defendants-Appellees,
Coalition of Consumer-Owned Power Systems, Amicus Curiae,
Colorado River Energy Distributors Association, Inc., Defendant-Intervenor/Appellee,
National Wildlife Federation, Grand Canyon Trust, American Rivers, Inc., Amicus Curiae.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
February 22, 1991.
Rehearing Denied April 18, 1991.
Attorney(s) appearing for the Case
Donald B. Holbrook and William B. Bohling (Gregg I. Alvord, Elizabeth M. Haslam, and Michael Patrick O'Brien, also of Jones, Waldo, Holbrook & McDonough, Sidney G. Baucom, Gen. Counsel, Utah Power & Light Co., and Rogert F. Cutler and Bruce R. Baird, City Attys., Salt Lake City, Utah, Reed M. Richards, Weber County Atty., and Frank Warner and Douglas J. Holmes, Ogden, Utah, with them on the brief), for plaintiffs-appellants.
Rex Lee of Sidley & Austin, Washington, D.C. (Donald R. Allen, Cyndi Stich, and J. Barton Seitz of Duncan, Allen and Talmage, Washington, D.C., Dale A. Kimball, Gary A. Dodge, and Jill A. Niederhauser of Kimball, Parr, Crockett & Waddoups, Salt Lake City, Utah, with him on the brief), for intervenor-appellee Colorado River Energy Distributors Ass'n, Inc.
C. Max Vassanelli, Atty., Civ. Div., Dept. of Justice (John R. Bolton, Asst. Atty. Gen., Brent D. Ward, U.S. Atty., Dennis G. Linder, Robert S. Greenspan and Karen Stewart, Attys., Civ. Div., Dept. of Justice, of counsel Susan Earley, Western Area Power Admin., with him on the brief) Washington, D.C., for federal appellees.
S. Elizabeth Birnbaum of Nat. Wildlife Federation, Washington, D.C., filed an amicus curiae brief on behalf of Nat. Wildlife Federation, Grand Canyon Trust and American Rivers, Inc.
Clinton A. Vince and Nancy A. Wodka of Verner, Liipfert, Bernhard, McPherson and Hand, Alan H. Richardson, American Public Power Ass'n, Washington, D.C., C. Pinckney Roberts, Columbia, S.C., Wallace F. Tillman and Michael D. Oldak, Nat. Rural Elec. Coop. Ass'n, Washington, D.C., Charles L. Compton, Laurens, S.C., L. Clifford Adams, Jr., of Hurt, Richardson, Garner, Todd & Cadenhead, Atlanta, Ga., as counsel for Mun. Elec. Authority of Georgia, and Carlos C. Smith of Strang, Fletcher, Carriger, Hodge & Smith, Chattanooga, Tenn., as counsel for Tennessee Valley Public Power Ass'n, filed an amicus curiae brief on behalf of the Coalition of Consumer-Owned Power Systems.
Before LOGAN and TACHA, Circuit Judges, and THEIS, District Judge.
United States Court of Appeals, Tenth Circuit.
LOGAN, Circuit Judge.
Plaintiffs, Utah Power & Light (UP & L) and more than one hundred of its subscriber cities, towns and counties in Utah and Wyoming, appeal the district court's grant of summary judgment in favor of defendants, the Western Area Power Administration (WAPA), the Department of Energy (DOE), and various officials of these agencies. The district court found that WAPA's interpretation of federal law governing preference in the sale of federal...
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