N.W. RESOURCE INFO. CENTER v. N.W. POWER PLANNING

Nos. 92-70190, 92-70191, 93-70055, 93-70059 and 93-70064.

35 F.3d 1371 (1994)

NORTHWEST RESOURCE INFORMATION CENTER, INC.; Trout Unlimited; Oregon Natural Resources Council, Inc.; Idaho Steelhead and Salmon Unlimited; The Wilderness Society; Petitioners, and Puget Sound Power & Light Company; Northwest Irrigation Utilities, Inc. ("NIU"); Columbia/Snake River Irrigators Association, Inc. ("CSRIA"); Port of Lewiston, Port of Clarkston and Port of Whitman County ("PPA"); United States of America; Pacific Northwest Generating Company ("PNGC"); Pacificorp; Washington Water Power Company ("WWP"); Public Power Council; Public Utility District No. 2 of Grant County; Direct Service Industrial Customers Aluminum Co. of America, Atochem North America, Columbia Falls Aluminum Company, Georgia-Pacific Corp., Kaiser Aluminum & Chemical Corp., Intalco Aluminum Corp., et al.; Oregon Trout, Inc.; Public Utility District No. 1 of Douglas County; Public Utility District No. 1 of Chelan County; State of Idaho, Petitioners-Intervenors, v. NORTHWEST POWER PLANNING COUNCIL, Respondent. CONFEDERATED TRIBES & BANDS OF THE YAKIMA INDIAN NATION; Petitioner, and Puget Sound Power & Light Company; Northwest Irrigation Utilities, Inc. ("NIU"); Columbia/Snake River Irrigators Association, Inc. ("CSRIA"); Port of Lewiston, Port of Clarkston and Port of Whitman County ("PPA"); United States of America; Pacific Northwest Generating Company ("PNGC"); Pacificorp; Washington Water Power Company ("WWP"); Public Power Council; Public Utility District No. 2 of Grant County; Direct Service Industrial Customers (Aluminum Co. of America, Atochem North America, Columbia Falls Aluminum Company, Georgia-Pacific Corp., Kaiser Aluminum & Chemical Corp., Intalco Aluminum Corp., et al.); Oregon Trout, Inc.; Public Utility District No. 1 of Douglas County; Public Utility District No. 1 of Chelan County; State of Idaho, Petitioners-Intervenors, v. NORTHWEST POWER PLANNING COUNCIL, Respondent. CONFEDERATED TRIBES & BANDS OF the YAKIMA INDIAN NATION, Petitioner, and United States of America, State of Idaho, Intervenor, v. NORTHWEST POWER PLANNING COUNCIL, Respondent. ALUMINUM COMPANY OF AMERICA; Columbia Aluminum Corporation, et al., Petitioners, and Washington Power Company, Petitioner-Intervenor, State of Idaho, Intervenor, v. NORTHWEST POWER PLANNING COUNCIL, Respondent, Pacificorp, Respondent-Intervenor. NORTHWEST RESOURCE INFORMATION CENTER, INC., et al., Petitioner, and Washington Water Power Company, Petitioner-Intervenor, v. NORTHWEST POWER PLANNING COUNCIL, Respondent, and Public Utility District No. 1 of Chelan County; Public Utility District No. 1 of Douglas County, Respondents-Intervenors.

United States Court of Appeals, Ninth Circuit.

Decided September 9, 1994.


Attorney(s) appearing for the Case

Adam J. Berger, Seattle, WA, for petitioners, NW RIC.

Tim Weaver, Yakima, WA, for petitioners, Yakima Indian Nation.

Paul M. Murphy, Portland, OR, for petitioner, DSI, et al.

D. Robert Lohn, Portland, OR, for respondents-intervenors.

Before: TANG, and WIGGINS, Circuit Judges, and THELTON E. HENDERSON, District Judge.


TANG, Circuit Judge:

Salmon and hydropower are the two great natural resources of the Columbia River Basin. At odds for most of this century, congressional action in 1980 injected a needed resolve into the conflict, inciting a sense of optimism. Since that time, optimism has largely given way to the dynamics of a classic struggle between environmental and energy interests. The climax of this particular struggle may well be our review of the parties' efforts constituting...

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