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BRADY v. FEDERAL ENERGY REGULATORY COM'N

No. 04-1058.

416 F.3d 1 (2005)

Mike BRADY and Cheryl Creekmore, Petitioners v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. The Grand River Dam Authority, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided July 8, 2005.

Attorney(s) appearing for the Case

Paul M. Flynn argued the cause and filed the briefs for petitioners.

Judith A. Albert, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With her on the brief were Cynthia A. Marlette, General Counsel, and Dennis Lane, Solicitor.

John P. Coyle and Gregg D. Ottinger were on the brief for intervenor.

Before: RANDOLPH and ROBERTS, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Opinion for the Court filed by Circuit Judge ROBERTS.

Concurring opinion filed by Senior Circuit Judge WILLIAMS.

ROBERTS, Circuit Judge.

An Oklahoma agency licensed by the Federal Energy Regulatory Commission to operate a hydroelectric project applied for a license amendment to permit the expansion of a commercial marina located on project property. FERC approved the amendment over the opposition of petitioners...

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