MOUNTAIN RHYTHM RESOURCES v. F.E.R.C.

Nos. 00-70357, 00-70963.

302 F.3d 958 (2002)

MOUNTAIN RHYTHM RESOURCES, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Mountain Water Resources; Watersong Resources, Petitioners, v. Federal Energy Regulatory Commission, Respondent.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn February 14, 2002.

Resubmitted and Filed August 23, 2002.


Attorney(s) appearing for the Case

Kurt Denke, Seattle, WA, for the petitioner.

David H. Coffman and Larry D. Gasteiger, Federal Energy Regulatory Commission, Washington, DC, for the respondent.

Thomas J. Young, Assistant Attorney General, Olympia, WA, for the intervenor-respondent.

R. Justin Smith, Environment & Natural Resources Division, U.S. Department of Justice, Washington, DC, for the amicus curiae.

Before: KLEINFELD and GOULD, Circuit Judges, and ROLL, District Judge.


GOULD, Circuit Judge.

Mountain Rhythm Resources, Mountain Water Resources, and Watersong Resources (collectively "Mountain Rhythm Companies") petition for review of Federal Energy Regulatory Commission (FERC) orders dismissing their respective applications for licenses to build hydroelectric plants. Because the proposed projects were located in Washington's coastal zone, FERC needed the State of Washington to certify that...

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