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IN RE AMERICAN RIVERS AND IDAHO RIVERS UNITED

No. 03-1122.

372 F.3d 413 (2004)

In re: AMERICAN RIVERS AND IDAHO RIVERS UNITED, Petitioners.

United States Court of Appeals, District of Columbia Circuit.

Decided June 22, 2004.

Attorney(s) appearing for the Case

Jonathan R. Lovvorn argued the cause for the petitioners. Amy R. Atwood and Eric R. Glitzenstein were on brief.

Dennis Lane, Solicitor, Federal Energy Regulatory Commission, argued the cause for the respondent. Cynthia A. Marlette, General Counsel, Federal Energy Regulatory Commission, was on brief. Beth G. Pacella, Attorney, Federal Energy Regulatory Commission, entered an appearance.

James B. Vasile, Hubert A. Farbes, Jr. and Mark J. Mathews were on brief for the intervenor.

Before: EDWARDS and HENDERSON, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Opinion for the court filed by Circuit Judge HENDERSON.

KAREN LeCRAFT HENDERSON, Circuit Judge:

In 1997 a coalition of environmental organizations petitioned the Federal Energy Regulatory Commission (FERC) to formally consult under section 7 of the Endangered Species Act with the National Marine Fisheries Service of the National Oceanic and Atmospheric Administration (NOAA)1 regarding FERC's ongoing regulatory authority over hydropower...

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