In re CITY OF VIRGINIA BEACH, Petitioner.
Commonwealth of Virginia, Amicus Curiae.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued September 27, 1994.
Decided December 22, 1994.
Attorney(s) appearing for the Case
ARGUED: M. Scott Hart, John F. Kay, Jr., Mays & Valentine, Richmond, VA, for petitioner. James Stuart Gilmore, III, Atty. Gen. of Virginia, Richmond, VA, for amicus curiae. Jerome M. Feit, Solicitor, F.E.R.C.; Peter Richard Steenland, Jr., Chief, Appellate Section, Environment & Natural Resources Div., U.S. Dept. of Justice, Washington, DC, for respondents. ON PLEADINGS: George A. Somerville, Samuel M. Brock, III, Mays & Valentine, Richmond, VA; Leslie L. Lilley, City Atty., William M. Macali, Senior Asst. City Atty., City of Virginia Beach, Virginia Beach, VA, for petitioner. John Paul Woodley, Jr., Deputy Atty. Gen., Roger L. Chaffe, Senior Asst. Atty. Gen., Dennis Henry Treacy, Asst. Atty. Gen., Richmond, VA, for amicus curiae. Joseph F. Davies, Deputy Sol., Edward S. Geldermann, F.E.R.C.; Anne S. Almy, Samuel C. Alexander, Environment & Natural Resources Div., U.S. Dept. of Justice, Washington, DC, for respondent U.S.; Ronald John Wilson, Sierra Club Legal Defense Fund, Inc., Washington, DC, for respondent Sierra Club; Michael F. Easley, Atty. Gen. of North Carolina, Alan S. Hirsch, Senior Deputy Atty. Gen., James Philip Allen, Asst. Atty. Gen., North Carolina Dept. of Justice, Raleigh, NC; Frederick M. Lowther, Bernard Nash, Dickstein, Shapiro & Morin, L.L.P., Washington, DC, for respondent State of N.C.; Patrick Michael McSweeney, McSweeney, Burtch & Crump, P.C., Richmond, VA, for respondents Roanoke River Basin and Town of Weldon; James L. Gale, Gary Robert Govert, Paul K. Sun, Jr., Smith, Helms, Mulliss & Moore, L.L.P., Raleigh, NC, for respondent Roanoke Rapids Sanitary Dist.
Before HALL, MURNAGHAN, and NIEMEYER, Circuit Judges.
United States Court of Appeals, Fourth Circuit.
Petition denied by published opinion. Judge NIEMEYER wrote the opinion, in which Judge HALL and Judge MURNAGHAN joined.
OPINION
NIEMEYER, Circuit Judge:
The City of Virginia Beach, Virginia, petitions this court for a writ of mandamus, pursuant to 28 U.S.C. § 1651, to compel the Federal Energy Regulatory Commission (FERC) to enter, by a date certain, a final decision on an application for approval...
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