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BEAR LAKE WATCH, INC. v. F.E.R.C.

No. 02-70660.

324 F.3d 1071 (2003)

BEAR LAKE WATCH, INC., Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, PACIFICORP; The States of Idaho, Utah And Wyoming; Bear River Water Users Association, Respondents-Intervenors.

United States Court of Appeals, Ninth Circuit.

Filed March 27, 2003.

Attorney(s) appearing for the Case

Randall M. Weiner, Boulder, CO, for the petitioner.

Lona T. Perry, Federal Energy Regulatory Commission, Washington, D.C., for the respondent.

Thomas H. Nelson, Jeffrey S. Lovinger (argued), Thomas H. Nelson & Associates, Portland, OR, for the intervenor-respondent PacifiCorp.

Harriet A. Hensley, Deputy Attorney General, Natural Resources Division, Boise, ID, for the intervenor-respondent the State of Idaho.

Norman K. Johnson, Assistant Attorney General, Salt Lake City, UT, for the intervenor-respondent the State of Utah.

Thomas J. Davidson, Deputy Attorney General, Water & Natural Resources Division, Cheyenne, WY, for the intervenor-respondent the State of Wyoming.

Before O'SCANNLAIN, FERNANDEZ, and FISHER, Circuit Judges.

OPINION

FERNANDEZ, Circuit Judge:

The Federal Energy Regulatory Commission decided that because a reservoir was not necessary or appropriate to the operation of power projects, it did not have jurisdiction over that reservoir, even though it did have jurisdiction over the power projects themselves.1 Bear Lake Watch, Inc. disagreed with that decision, and has petitioned for review of it. We deny the petition.

BACKGROUND...

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