UNITED STATES DEPARTMENT OF the INTERIOR, Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent.
City of New Martinsville, West Virginia, City of Jackson, Ohio, City of Pittsburgh and the Pittsburgh Water and Sewer Authority, the Upper Ohio River Basin Hydro Association, Intervenors.
STATE OF WEST VIRGINIA, DEPARTMENT OF NATURAL RESOURCES, Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent.
City of New Martinsville, West Virginia, City of Jackson, Ohio, the Upper Ohio River Basin Hydro Association, Intervenors.
AMERICAN RIVERS, Friends of the Earth, Petitioners,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent.
The City of Jackson, Ohio, City of Pittsburgh and the Pittsburgh Water and Sewer Authority, City of New Martinsville, West Virginia, the Upper Ohio River Basin Hydro Association, Intervenors.
COMMONWEALTH OF PENNSYLVANIA, Pennsylvania Fish Commission, Petitioners,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent.
Upper Ohio River Basin Hydro Association, City of Pittsburgh and the Pittsburgh Water and Sewer Authority, City of Jackson, Ohio, City of New Martinsville, West Virginia, Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued November 21, 1991.
Decided January 10, 1992.
Attorney(s) appearing for the Case
Blake A. Watson, Atty., Dept. of Justice, with whom Barry M. Hartman, Acting Asst. Atty. Gen., and David C. Shilton, Atty., Dept. of Justice, Washington, D.C. and Michael L. Harvey, Deputy Atty. Gen., Com. of Pa., Harrisburg, Pa., were on the brief for petitioners, U.S. Dept. of the Interior and Pennsylvania Fish Com'n in 90-1405 and 90-1409.
Maria M. Fakadej, Charleston, W.Va., for petitioner, State of W.Va. in 90-1406.
Ronald J. Wilson, Washington, D.C., was on the brief for petitioners, American Rivers and Friends of the Earth in 90-1408.
Samuel Soopper, Atty., F.E.R.C., with whom William S. Scherman, Gen. Counsel, Jerome M. Feit, Sol., and Joseph S. Davies, Deputy Sol., Washington, D.C., were on the brief, for respondent in 90-1405, 90-1406, 90-1408 and 90-1409.
Donald H. Clarke and Barbara S. Jost, Washington, D.C. for the Upper Ohio River Basin Hydro Ass'n, George W. Jacoby, Pittsburgh, Pa. for the City of Pittsburgh and the Pittsburgh Water and Sewer Authority, Peter C. Kissel and Alan I. Robbins, Washington, D.C. for the City of Jackson, Ohio and Louis Rosenman, Washington, D.C. for the City of New Martinsville were on the joint brief, for intervenors in all cases.
Mary K. Conturo and Ashley C. Schannauer, Pittsburgh, Pa., entered appearances for intervenors, the City of Pittsburgh and the Pittsburgh Water and Sewer Authority in 90-1408 and 90-1409.
Jonathan W. Gottlieb, Washington, D.C., was on the brief for amici curiae in all cases urging that the Court affirm the Orders of the Com'n.
Before EDWARDS, RUTH BADER GINSBURG and D.H. GINSBURG, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge HARRY T. EDWARDS.
HARRY T. EDWARDS, Circuit Judge:
This case presents another skirmish in the continuing battle between utilities and municipalities seeking to produce electricity and agencies and individuals seeking to protect the environment. Here, the Federal Energy Regulatory Commission ("FERC" or "Commission") licensed sixteen projects in the Upper Ohio River Basin over objections from the United States Department...
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