FRIENDS OF COWLITZ v. F.E.R.C.

No. 99-70373.

253 F.3d 1161 (2001)

FRIENDS OF THE COWLITZ and CPR-Fish, Petitioners, City of Tacoma, Intervenor, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed June 14, 2001.


Attorney(s) appearing for the Case

Jonathan I. Feil, Simburg, Ketter, Sheppard & Purdy, LLP, Seattle, Washington, for the petitioners.

Douglas W. Smith, General Counsel, Jay L. Witkin, Solicitor, Timm L. Abendroth, Lona T. Perry, Federal Energy Regulatory Commission, Washington, D.C., for the respondent.

Before: B. FLETCHER and FISHER, Circuit Judges, and SCHWARZER, District Judge.


BETTY B. FLETCHER, Circuit Judge:

This is an appeal from the summary dismissal by the Federal Energy Regulatory Commission ("Commission" or "FERC") of a complaint brought by two citizens groups dedicated to maintaining sustainable populations of anadromous and resident fish in the Cowlitz River Basin in southwestern Washington state. The petitioners, Friends of the Cowlitz River and CPR-Fish, allege that the City of Tacoma ("Tacoma") has failed to comply with the...

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