SAVE OUR SEBASTICOOK v. FEDERAL ENERGY REGULATORY COMMISSION

No. 04-1221.

431 F.3d 379 (2005)

SAVE OUR SEBASTICOOK, Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent American Rivers, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided December 9, 2005.


Attorney(s) appearing for the Case

Anthony W. Buxton argued the cause for petitioner. With him on the briefs was Linda S. Lockhart.

Lona T. Perry, 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 L. Smeltzer and Anna T. Katselas, Attorneys, U.S. Department of Justice, were on the brief for intervenor United States Department of the Interior.

Charles Owen Verrill, Jr., M. Evan Corcoran, and Sarah E. Tomalty were on the brief for intervenors American Rivers, et al.

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


Opinion for the Court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge.

In an application to the Federal Energy Regulatory Commission, the owner and operator of a hydroelectric project sought to surrender its license and remove part of its dam on the Sebasticook River in Maine. Over the objection of nearby landowners, the Commission granted the application and denied the landowners' petition for rehearing. FPL Energy Maine Hydro, LLC, 106 F...

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