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CHIPPEWA AND FLAMBEAU IMP. CO. v. F.E.R.C.

No. 01-1329.

325 F.3d 353 (2003)

CHIPPEWA AND FLAMBEAU IMPROVEMENT COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided April 18, 2003.

Attorney(s) appearing for the Case

John A. Whittaker IV argued the cause for petitioner. With him on the briefs was William J. Madden Jr.

Robert H. Solomon, Associate Solicitor, Federal Energy Regulatory Commission, argued the cause for respondent. With him on the brief were Cynthia A. Marlette, General Counsel, and Dennis Lane, Solicitor.

Before: GINSBURG, Chief Judge, and EDWARDS and GARLAND, Circuit Judges.

Opinion for the Court filed by Chief Judge GINSBURG.

GINSBURG, Chief Judge:

The Chippewa and Flambeau Improvement Company petitions for review of a series of orders in which the Federal Energy Regulatory Commission concluded that the Company must obtain a license under the Federal Power Act for its Turtle-Flambeau reservoir on the Flambeau River in northern Wisconsin. We reject the Company's arguments that the reservoir is not subject to the Commission's jurisdiction...

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