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ALUMINUM CO. OF AMERICA v. BONNEVILLE POWER ADMIN.

No. 93-70857.

56 F.3d 1075 (1995)

ALUMINUM COMPANY OF AMERICA; Columbia Falls Aluminum Company; Elf Atochem North America; Intalco Aluminum Corporation; Kaiser Aluminum & Chemical Corporation; Northwest Aluminum Company; Oregon Metallurgical Corporation; Reynolds Metals Company; Vanalco, Inc., Petitioners, Pacific Northwest Generating Cooperative; Public Power Council, Petitioners-Intervenors, v. BONNEVILLE POWER ADMINISTRATION, Respondent.

United States Court of Appeals, Ninth Circuit.

Decided June 1, 1995.

Attorney(s) appearing for the Case

James Buchal, Ball, Janik & Novack, Portland, OR, for petitioners.

Ellen J. Durkee, Dept. of Justice, Washington, DC, for respondent.

Before HALL, O'SCANNLAIN, and RYMER, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

In this third of three related cases,1 we must decide whether a federal agency, the Bonneville Power Administration, acted arbitrarily and capriciously in augmenting river flows as a means of benefitting the salmon.2

I

The factual background is largely set forth in the second of these related cases, Idaho Department of Fish & Game v. National Marine Fisheries...

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