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CALIFORNIA SPORTFISHING PROTECTION ALLIANCE v. F.E.R.C.

No. 05-73064.

472 F.3d 593 (2006)

CALIFORNIA SPORTFISHING PROTECTION ALLIANCE; Pacific Coast Federation of Fishermen's Associations, Inc., Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Pacific Gas and Electric Company, Respondent-Intervenor.

United States Court of Appeals, Ninth Circuit.

Filed December 12, 2006.

Attorney(s) appearing for the Case

Trent W. Orr, San Francisco, CA, for the petitioner.

Carol J. Banta, Federal Energy Regulatory Commission, Washington, D.C., for the respondent.

William J. Madden, Jr., Washington, D.C., for the respondent-intervenor.

Before: SCHROEDER, Chief Judge, TROTT and KLEINFELD, Circuit Judges.

SCHROEDER, Chief Judge:

This is a petition to review a decision of the Federal Energy Regulatory Commission ("FERC") not to initiate formal consultation with the National Marine Fisheries Service ("NMFS") about the operation of the DeSabla-Centerville hydroelectric project. The project is operated by respondent Pacific Gas and Electric ("PG & E") under a 30-year license that FERC issued in 1980. The petitioners seek the consultation in order to protect Chinook...

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