STATE OF WISCONSIN, Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent,
Kimberly-Clark Corporation and N.E.W. Hydro, Inc., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued December 6, 1996.
Decided January 17, 1997.
Attorney(s) appearing for the Case
John C. Scherbarth, Assistant Attorney General, State of Michigan, Lansing, MI, argued the cause, for petitioner Kelley, with whom Thomas J. Casey, Solicitor General, State of Michigan, was on the briefs.
Frank D. Remington, Assistant Attorney General, Wisconsin Department of Justice, Madison, WI, argued the cause and filed the briefs, for petitioner State of Wisconsin.
Joel M. Cockrell, Attorney, Federal Energy Regulatory Commission, argued the cause, for respondent, with whom Jerome M. Feit, Solicitor, Washington, DC, and Joseph S. Davies, Deputy Solicitor, were on the brief. Jill L. Hall, Attorney, entered an appearance.
Before: EDWARDS, Chief Judge, HENDERSON and ROGERS, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge Rogers.
ROGERS, Circuit Judge:
In these consolidated petitions for review of two orders of the Federal Energy Regulatory Commission ("FERC"),1 the Department of Natural Resources of the State of Wisconsin ("Wisconsin") and the Department of Natural Resources of the State of Michigan ("Michigan") challenge FERC's approval of two license transfers for hydroelectric projects. Petitioners...
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