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ALUMINUM CO. v. ADM'R, BONNEVILLE POWER ADMIN.

No. 95-70480.

175 F.3d 1156 (1999)

ALUMINUM COMPANY OF AMERICA; Columbia Aluminum Corporation; Columbia Falls Aluminum Company; Elf Atochem North America, Inc.; Intalco Aluminum Corporation; Kaiser Aluminum & Chemical Corporation; Northwest Aluminum Company; Reynolds Metals Company; and Vanalco, Inc., Petitioners, v. ADMINISTRATOR, BONNEVILLE POWER ADMINISTRATION, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed May 10, 1999.

Attorney(s) appearing for the Case

James L. Buchal, Murphy & Buchal, Portland, Oregon, for the petitioners.

Ellen D. Katz, United States Department of Justice, Environment and Natural Resources Division, Washington, D.C., for the respondent.

Before: LEAVY, McKEOWN, and WARDLAW, Circuit Judges.

McKEOWN, Circuit Judge.

This proceeding is the latest in a series of cases involving the continuing conflict between salmon and hydropower, "the two great natural resources of the Columbia River Basin." Northwest Resource Info. Ctr., Inc. v. Northwest Power Planning Council, 35 F.3d 1371, 1375 (9th Cir.1994). Salmon, as anadromous fish, hatch in freshwater tributaries, and then travel as juveniles or "smolts" to the ocean,...

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