AMERICAN RIVERS; Pacific Rivers Council; Oregon Natural Resources Council; Waterwatch of Oregon; and Friends of The Earth, Petitioners,
United States Department of Interior, Petitioner-Intervenor,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent,
Eugene Water and Electric Board, Respondent-Intervenor.
Oregon Department of Fish and Wildlife, Petitioner,
v.
Federal Energy Regulatory Commission, Respondent,
Eugene Water and Electric Board, Respondent-Intervenor.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted January 13, 1999.
Filed August 11, 1999.
Attorney(s) appearing for the Case
Todd D. True and Kristen L. Boyles, Earthjustice Legal Defense Fund, Seattle, Washington, for petitioners American Rivers et al.; Jas Jeffrey Adams, Justice Department, State of Oregon, Salem, Oregon, for petitioner Oregon Department of Fish and Wildlife.
Sean H. Donahue, United States Department of Justice, Environmental & Natural Resources Division, Washington D.C., for petitioner-intervenor United States Department of Interior.
John H. Conway and John S.L. Katz, Federal Energy Regulatory Commission, Washington, D.C., for the respondent.
Donald A. Haagensen, Cable Huston Benedict Haagensen & Lloyd LLP, Portland, Oregon and Gail A. Greely, Alameda, California, for the respondent-intervenor Eugene Water & Electric Board.
Mason D. Morisset, Morisset, Schlosser, Ayer & Jozwiak, Seattle, Washington, for amicus curiae Skokomish Indian Tribe; David J. Cummings, Nez Perce Tribe Office of Legal Counsel, Lapwai, Idaho, for amicus curiae Nez Perce Tribe.
Brian J. McManus, Jones, Day, Reavis & Pogue, Washington, D.C., for amici curiae American Public Power Association et al.
Mark L. Bubenik, Chief Assistant City Attorney, Tacoma, Washington, Michael A. Swiger, Howard E. Shapiro, Van Ness Feldman, P.C., Washington, D.C., for amicus curiae City of Tacoma, Washington.
Before: LEAVY, McKEOWN, and WARDLAW, Circuit Judges.
United States Court of Appeals, Ninth Circuit.
WARDLAW, Circuit Judge:
At stake in these consolidated petitions is the continued operation of two hydroelectric power facilities located in Lane County, Oregon along a twenty-five mile stretch of the McKenzie River. The petitioners,1 a coalition of conservation/environmental organizations and the Oregon Department of Fish and Wildlife, challenge the decision of the Federal Energy Regulatory Commission ("FERC" or the "Commission") to reissue...
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