SOUTHEASTERN FEDERAL POWER CUSTOMERS, INC., Appellee
v.
Peter GEREN, Secretary of the United States Department of the Army, et al., Appellees.
State of Florida, Appellant.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued November 16, 2007.
Decided February 5, 2008.
Attorney(s) appearing for the Case
Parker D. Thomson argued the cause for appellant State of Florida. Matthew H. Lembke argued the cause for appellant State of Alabama. With them on the briefs were Bill McCollum, Attorney General, Attorney General's Office of the State of Florida, Jonathan A. Glogau, Chief, Complex Litigation, James T. Banks, William S. Cox, III, W. Larkin Radney, IV, and Scott B. Smith. R. Craig Kneisel, Christopher M. Kise, Donald G. Blankenau, H. Christopher Bartolomucci, and Lauren J. Caster, entered appearances.
Deborah M. Murray was on the brief for amici curiae Alabama Rivers Alliance, et al. in support of appellants. Mary M. Asbill entered, an appearance.
Michael T. Gray, Attorney, U.S. Department of Justice, argued the cause for federal appellee. Bruce P. Brown argued the cause for appellees State of Georgia, et al. Clinton A. Vince argued the cause for appellee Southeastern Federal Power Customers, Inc. With them on the brief were Robert H. Oakley, Attorney, U.S. Department of Justice, Thurbert E. Baker, Attorney General, Attorney General's Office for the State of Georgia, R. Todd Silliman, William M. Droze, J. Cathy Fogel, David A. Fitzgerald, Patricia T. Barmeyer, and Lewis B. Jones. Orlando E. Vidal, Philip D. Bartz, and Charles A. Zdebski, entered appearances.
Susan N. Kelly, Wallace F. Tillman, and Mary Ann Rails were on the brief for amici curiae American Public Power Association and National Rural Electric Cooperative Association in support of appellees.
Before: ROGERS and KAVANAUGH, Circuit Judges, and SILBERMAN, Senior Circuit Judge.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court by Circuit Judge ROGERS.
Opinion by Senior Circuit Judge SILBERMAN concurring in the judgment.
ROGERS, Circuit Judge.
This case arises out of the requirements of three States for water stored in a federal reservoir. The States of Alabama and Florida appeal the order of the district court approving a Settlement Agreement between Southeastern Federal Power Customers, Inc. ("Southeastern"), a group of Georgia water supply providers...
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