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FUEL SAFE WASHINGTON v. F.E.R.C.

No. 03-9577.

389 F.3d 1313 (2004)

FUEL SAFE WASHINGTON, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Powerex Corp. and Georgia Strait Crossing Pipeline LP, Intervenors, Whatcom County, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

December 1, 2004.

Attorney(s) appearing for the Case

Angela Coats, Student Intern, Brett Durbin, Student Intern, and Michael J. Robinson-Dorn, Assistant Professor of Law & Director, Kathy and Steve Berman Environmental Law Clinic, University of Washington, School of Law, Seattle, WA, for Petitioner.

Judith A. Albert, Attorney (Cynthia A. Marlette, General Counsel, and Dennis Lane, Solicitor, with her on the brief), Federal Energy Regulatory Commission, Washington, DC, for Respondent.

Steven W. Snarr, Georgia Strait Crossing Pipeline LP, Salt Lake City, Utah (Charles H. Shoneman and Jacqueline R. Java, Bracewell & Patterson, L.L.P., Washington, DC, with him on the brief), for Intervenors, Georgia Strait Crossing Pipeline LP and Powerex Corp.

Randall J. Watts, Chief Civil Deputy Prosecuting Attorney for Whatcom County, Bellingham, WA, filed an amicus curiae brief for Whatcom County.

Before LUCERO, ANDERSON, and McCONNELL, Circuit Judges.

ANDERSON, Circuit Judge.

Petitioner Fuel Safe Washington ("FSW") seeks review of two orders by the Federal Energy Regulatory Commission ("FERC") granting a Certificate of Public Convenience and Necessity ("CPCN") to Georgia Strait Crossing Pipeline LP ("GSX"), permitting GSX to build a new natural gas pipeline and ancillary facilities in northwest Washington state, and denying requests for rehearing. FSW asks us either to vacate FERC's final orders or, alternatively...

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