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STATE OF WIS. v. F.E.R.C.

No. 98-3312.

192 F.3d 642 (1999)

STATE OF WISCONSIN, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided September 16, 1999.

Attorney(s) appearing for the Case

Philip Peterson (argued), Office of the Attorney General, Wisconsin Dept. of Justice, Madison, WI, for Petitioner.

Jay L. Witkin, Monique Penn-Jenkins (argued), Federal Energy Regulatory Commission, Washington, DC, for Respondent.

Before BAUER, KANNE, and EVANS, Circuit Judges.

BAUER, Circuit Judge.

On February 5, 1997, the Federal Energy Regulatory Commission (the "FERC") issued licenses for six hydropower projects on the Flambeau River in Wisconsin. These six project licenses were divided between two companies, Fraser Papers, Inc. ("Fraser") and Northern States Power Co. ("Northern States"). Wisconsin appeals from the FERC's orders granting these six project licenses, arguing that each license should contain an article requiring a fish...

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