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SKOKOMISH INDIAN TRIBE v. F.E.R.C.

No. 95-70884.

121 F.3d 1303 (1997)

The SKOKOMISH INDIAN TRIBE, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, City of Tacoma, Respondent-Intervenor.

United States Court of Appeals, Ninth Circuit.

Decided August 5, 1997.

Attorney(s) appearing for the Case

Mason D. Morisset, Morisset, Schlosser, Ayer & Jozwiak, Seattle, WA, for Petitioner.

Samuel Soopper, Federal Energy Regulation Commission, Washington, DC, for Respondent.

Before: WRIGHT, WALLACE, and HAWKINS, Circuit Judges.

MICHAEL DALY HAWKINS, Circuit Judge:

The Skokomish Indian Tribe ("the Tribe") appeals a decision of the Federal Energy Regulatory Commission ("FERC") denying the Tribe's application for a preliminary permit to develop a hydropower facility on the North Fork of the Skokomish River in Mason County, Washington. FERC determined that the Tribe's proposal conflicted with the City of Tacoma's ("Tacoma")1 relicense application and denied the Tribe...

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