SUGARLOAF CITIZENS ASS'N v. F.E.R.C.

No. 91-2905.

959 F.2d 508 (1992)

SUGARLOAF CITIZENS ASSOCIATION; Karen Kalla; J. Houston Miller; Beverly Thoms; James Buchanan; Faye Buchanan; Taylorstown Community Association, Incorporated; National Trust for Historic Preservation in the United States, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Northeast Maryland Waste Disposal Authority; Montgomery County, Maryland, Intervenors.

United States Court of Appeals, Fourth Circuit.

Decided March 13, 1992.


Attorney(s) appearing for the Case

Andrea Carol Ferster, Asst. Gen. Counsel, Nat. Trust for Historic Preservation in the U.S., Washington, D.C., argued (David A. Doheny, Vice President and General Counsel, Elizabeth S. Merritt, Associate General Counsel, Nat. Trust for Historic Preservation in the U.S., Ronald J. Wilson, Sierra Club Legal Defense Fund, on brief), for petitioners.

Thomas J. Lane, F.E.R.C., Washington, D.C., argued (William S. Scherman, General Counsel, Jerome M. Feit, Sol., Joseph S. Davies, Deputy Sol., F.E.R.C., on brief), for respondent.

Mary Fisher Edgar, Piper & Marbury, Washington, D.C., argued (Toni K. Allen, Norman L. Rave, Jr., Piper & Marbury, Washington, D.C., Paul A. Tiburzi, Piper & Marbury, Baltimore, Md., on brief), for intervenor Northeast Maryland Waste Disposal Authority (Joyce R. Stern, County Atty., Diane R. Kamer, Associate County Atty., Montgomery County, Rockville, Md., on brief), for intervenor Montgomery County.

Before HALL and MURNAGHAN, Circuit Judges, and HARVEY, Senior United States District Judge for the District of Maryland, sitting by designation.


OPINION

ALEXANDER HARVEY, II, Senior District Judge:

This appeal seeks a review of Orders of the Federal Energy Regulatory Commission (the FERC). By Order dated November 1, 1990, the FERC granted the application of the Northeast Maryland Waste Disposal Authority (the "Authority") which sought certification of a resource recovery facility (the "Facility" or "Incinerator") as a qualifying small power production facility (qualifying facility or "QF") under...

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