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AMERICAN RIVERS v. FEDERAL ENERGY REGULATORY COMMISSION

No. 98-70347.

170 F.3d 896 (1999)

AMERICAN RIVERS; Northwest Environmental Defense Center; Oregon Natural Resources Council; Pacific Coast Federation of Fishermen's Associations, Inc.; Trout Unlimited; Institute for Fisheries Resources; Federation of Fly Fishers; Sierra Club, Petitioners, U.S. Department of Commerce, Intervenor, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, Ninth Circuit.

Decided March 16, 1999.

Attorney(s) appearing for the Case

Todd D. True, Earthjustice Legal Defense Fund, Seattle, Washington, and Daniel J. Rohlf, Portland, Oregon, for petitioners.

Sean Donahue, United States Department of Justice, Washington, D.C., for intervenor.

John S. Katz, Federal Energy Regulatory Commission, Washington, D.C., for respondent.

Before: KLEINFELD and HAWKINS, Circuit Judges, and SCHWARZER, Senior District Judge.

ORDER

American Rivers, the Northwest Environmental Defense Center, Oregon Natural Resources Council, Pacific Coast Federation of Fishermen's Associations, Inc., Trout Unlimited, Institute for Fisheries Resources, the Federation of Fly Fishers, and the Sierra Club ("petitioners") petition this court to review the alleged refusal of the Federal Energy Regulatory Commission ("FERC") to initiate consultation pursuant to section 7(a)(2) of the Endangered Species Act...

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