PLATTE RIVER WHOOPING CRANE CRITICAL HABITAT MAINTENANCE TRUST, Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent,
State of Wyoming, Central Nebraska Public Power and Irrigation District, Nebraska Public Power District, Nebraska Water Users, Inc., Intervenors.
NEBRASKA WILDLIFE FEDERATION, Sierra Club, National Audubon Society, American Rivers, Inc., Petitioners,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent,
State of Wyoming, Nebraska Public Power District, Central Nebraska Public Power and Irrigation District, Intervenors.
CENTRAL NEBRASKA PUBLIC POWER AND IRRIGATION DISTRICT, Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent,
State of Wyoming, Nebraska Public Power District, Central Nebraska Public Power and Irrigation District, Nebraska Water Users, Inc., Nebraska Wildlife Federation, Sierra Club, National Audubon Society, American Rivers, Inc., Intervenors.
NEBRASKA PUBLIC POWER DISTRICT, Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent,
State of Wyoming, Central Nebraska Public Power and Irrigation District, Nebraska Public Power District, National Audubon Society, Nebraska Wildlife Federation, Sierra Club, American Rivers, Inc., Intervenors.
PLATTE RIVER WHOOPING CRANE CRITICAL HABITAT MAINTENANCE TRUST, Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent,
Central Nebraska Public Power and Irrigation District, State of Wyoming, Nebraska Public Power District, Nebraska Water Users, Inc., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued February 4, 1992.
Decided April 17, 1992.
As Amended April 27, 1992.
Rehearing and Rehearing Denied June 23, 1992.
Attorney(s) appearing for the Case
Sam Kalen, with whom Gary D. Bachman, Washington, D.C., for Cent. Nebraska Public Power and Irrigation Dist., and William J. Madden, Jr., Washington, D.C., for Nebraska Public Power District, were on the joint brief, for petitioners in Nos. 90-1400 and 90-1401 and intervenors in Nos. 90-1397, 90-1399 and 90-1504.
William Maxwell Hathaway, with whom Abbe David Lowell and Sue Ellen Russell, Washington, D.C., for Platte River Whooping Crane Critical Habitat Maintenance Trust, and Hope M. Babcock, Washington, D.C., for Nat. Audubon Soc., Nebraska Wildlife Federation, Sierra Club and American Rivers, Inc., were on the joint brief, for petitioners in Nos. 90-1397, 90-1399 and 90-1504 and intervenors in Nos. 90-1400 and 90-1401.
Samuel Soopper, Atty., F.E.R.C., with whom William S. Scherman, Gen. Counsel, and Jerome M. Feit, Sol., Washington, D.C., were on the brief, for respondent in Nos. 90-1397, 90-1399, 90-1400, 90-1401 and 90-1504.
Dennis C. Cook, Donald M. Gerstein, Cheyenne, Wyo., Adelia S. Borrasca, Washington, D.C., and Lawrence J. Wolfe, Cheyenne, Wyo., were on the brief, for intervenor State of Wyo. in Nos. 90-1397, 90-1399, 90-1400, 90-1401 and 90-1504.
Jerald L. Hill and Mark J. Bredemeier, Kansas City, Mo., were on the brief, for intervenor Nebraska Water Users, Inc., in Nos. 90-1397 and 90-1504. Michael O. Johanns, Lavern R. Holdeman, Lincoln, Neb., and Richard P. Hutchison, Kansas City, Mo., also entered appearances for intervenor.
Ronald J. Wilson, Washington, D.C., entered an appearance for petitioner, Sierra Club Legal Defense Fund in No. 90-1399.
Before: EDWARDS, SILBERMAN, and HENDERSON, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Rehearing and Rehearing En Banc Denied June 23, 1992.
Opinion for the Court filed by Circuit Judge SILBERMAN.
SILBERMAN, Circuit Judge:
This case, which originally involved only a dispute between environmental groups and the Federal Energy Regulatory Commission (FERC), comes back to us for a second time. In Platte River Whooping Crane Critical Habitat Maintenance Trust v. FERC,876 F.2d 109 (D.C.Cir.1989) (...
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