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KEATING v. F.E.R.C.

No. 95-1232.

114 F.3d 1265 (1997)

Joseph M. KEATING, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Department of Agriculture, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided June 17, 1997.

Attorney(s) appearing for the Case

Gail A. Greely argued the cause and filed the briefs for petitioner.

Patricia L. Weiss, Attorney, Federal Energy Regulatory Commission, Washington, DC, argued the cause for respondent. With her on the brief were Jerome M. Feit, Solicitor, and Joseph S. Davies, Deputy Solicitor. Samuel Soopper, Attorney, Mount Rainier, MD, entered an appearance.

Joan M. Pepin, Attorney, U.S. Department of Justice, Washington, DC, argued the cause for intervenor. With her on the brief were Lois J. Schiffer, Assistant Attorney General, and John A. Bryson, Attorney. Anne S. Almy, Attorney, entered an appearance.

Before RANDOLPH, ROGERS, and TATEL, Circuit Judges.

Opinion for the Court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge:

The Federal Energy Regulatory Commission issues licenses allowing private citizens to construct and operate hydroelectric projects within federal reservations. When the Commission refused to grant a license to Joseph M. Keating for a small-scale hydroelectric project in a national forest, he brought this petition for judicial review. The principal issue is whether the Commission...

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