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MINE RECLAMATION CORP. v. F.E.R.C.

No. 93-1227.

30 F.3d 1519 (1994)

MINE RECLAMATION CORPORATION; Kaiser Steel Resources, Inc., Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Eagle Mountain Energy Company, a California Corporation; Metropolitan Water District of Southern California, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided August 5, 1994.

Attorney(s) appearing for the Case

Joel M. Cockrell, Attorney, FERC, argued the cause for respondent. With him on the brief were Jerome M. Feit, Sol., Joseph S. Davies, Deputy Sol., FERC, and Samuel Soopper, Attorney, FERC.

On the brief for intervenor Eagle Mountain Energy Company was Jose R. Allen.

On the briefs for intervenor Metropolitan Water District of Southern California was Victor E. Gleason.

Before EDWARDS, GINSBURG, and HENDERSON, Circuit Judges.

Opinion for the Court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge:

Petitioners Mine Reclamation Corporation and Kaiser Steel seek review of an order of the Federal Energy Regulatory Commission granting Eagle Mountain Energy Company a preliminary permit for a hydroelectric project. The petitioners argue that the Commission lacked jurisdiction to issue the permit and that even if it had jurisdiction over the project, it violated various of its own...

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