MT. LOOKOUT-MT. NEBO PROPERTY PROTECTION ASS'N v. F.E.R.C.

Nos. 97-1376, 97-1377 and 97-2058.

143 F.3d 165 (1998)

MT. LOOKOUT-MT. NEBO PROPERTY PROTECTION ASSOCIATION, an unincorporated association, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, City of Summersville, West Virginia, Intervenor. AMERICAN WHITEWATER AFFILIATION, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, City of Summersville, West Virginia, Intervenor. MT. LOOKOUT-MT. NEBO PROPERTY PROTECTION ASSOCIATION, an unincorporated association, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided May 1, 1998.


Attorney(s) appearing for the Case

ARGUED: Richard Roos-Collins, Natural Heritage Institute, San Francisco, CA; James Wilbur McNeely, Greenville, WV, for Petitioners. Samuel Soopper, F.E.R.C., Washington, DC, for Respondent. Earle Duncan Getchell, Jr., McGuire, Woods, Battle & Boothe, L.L.P., Richmond, VA, for Intervenor. ON BRIEF: David N. Cook, Acting General Counsel, Jay L. Witkin, Solicitor, John H. Conway, Deputy Solicitor, F.E.R.C., Washington, DC, for Respondent. James L. Sanderlin, Stephen H. Watts, II, Patrick T. Horne, McGuire, Woods, Battle & Boothe, L.L.P., Richmond, VA, for Intervenor.

Before MURNAGHAN, NIEMEYER, and MOTZ, Circuit Judges.


Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge MURNAGHAN and Judge DIANA GRIBBON MOTZ joined.

OPINION

NIEMEYER, Circuit Judge:

In 1992 the Federal Energy Regulatory Commission ("FERC"), acting pursuant to the Federal Power Act, 16 U.S.C. § 791a et seq., granted a 50-year license to the City of Summersville, West Virginia, to construct and operate a hydroelectric power generation plant on the Gauley River...

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