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STATE EX REL. NYS DEPT. OF ENV. CONS. v. F.E.R.C.

No. 303, Docket 91-4102.

954 F.2d 56 (1992)

STATE of New York ex rel. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION and Niagara Mohawk Power Corporation, Respondents.

United States Court of Appeals, Second Circuit.

Decided January 13, 1992.

Attorney(s) appearing for the Case

Maureen F. Leary, Asst. Atty. Gen., Albany, N.Y. (Robert Abrams, Atty. Gen., Peter H. Schiff, Deputy Sol. Gen., Douglas H. Ward, Asst. Atty. Gen., of counsel), for petitioner.

Joseph S. Davies, Deputy Sol., Washington, D.C. (William Sherman, Gen. Counsel, Jerome M. Feit, Sol., Thomas J. Lane, Atty., of counsel), for respondent F.E.R.C.

Brian K. Billinson, Syracuse, N.Y., for respondent Niagara Mohawk Power Corporation.

John D. Echeverria, Washington, D.C., submitted a brief for American Whitewater Affiliation, amicus curiae.

Before OAKES, VAN GRAAFEILAND and NEWMAN, Circuit Judges.

VAN GRAAFEILAND, Circuit Judge:

Enactment of the Federal Power Act in 1920 was the end result of a bitter fight in Congress between private power interests and public conservationists. See Gifford Pinchot, The Long Struggle For Effective Federal Water Power Legislation, 14 Geo. Wash.L.Rev. 9 (1945); see also First Iowa Hydro-Electric Coop. v. FPC, 328 U.S. 152, 180 & n. 23, 66 S.Ct. 906, 919 & n. 23, 90...

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