SOUTHEASTERN FEDERAL POWER CUSTOMERS v. HARVEY

Nos. 04-5143, 04-5148.

400 F.3d 1 (2005)

SOUTHEASTERN FEDERAL POWER CUSTOMERS, INC., Appellee v. Francis J. HARVEY, in his official capacity as Secretary of the Army, et al., Appellees State of Florida, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided March 4, 2005.


Attorney(s) appearing for the Case

James T. Banks and William S. Cox, III argued the causes for appellants State of Florida and State of Alabama. Charles J. Crist, Jr., Attorney General, Christopher M. Kise, Solicitor General, Parker Thomson, Lauren James Caster, Donald G. Blankenau and R. Craig Kneisel, Assistant Attorneys General, Attorney General's Office of the State of Alabama, and Matthew Lembke, Warren B. Lightfoot, and W. Larkin Radney IV were on brief.

Mary Maclean Asbill and Deborah M. Murray were on the brief of amici curiae Alabama Rivers Alliance, et al. in support of appellants.

Michael T. Gray, Attorney, United States Department of Justice, Bruce P. Brown and Clinton A. Vince argued the causes for the appellees. Robert A. Oakley, Attorney, United States Department of Justice, Thurbert E. Baker, Attorney General, Attorney General's Office of the State of Georgia, R. Todd Silliman, William M. Droze, J. Cathy Fogel, David A. Fitzgerald, Edward J. McGrath, Patricia T. Barmeyer and Lewis B. Jones were on brief.

Susan N. Kelly and Wallace F. Tillman were on the joint brief of amici curiae American Public Power Association et al. in support of the appellees.

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


KAREN LECRAFT HENDERSON, Circuit Judge.

The states of Alabama and Florida appeal the district court's approval of a settlement agreement among the appellees, the United States Army Corps of Engineers (Corps), the State of Georgia, various Georgia municipal and county water authorities (Water Supply Providers) and Southeastern Federal Power Customers, Inc. (Southeastern), a non-profit association that represents rural electric cooperatives and municipal electric systems...

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