U.S. DEPT. OF THE INTERIOR v. F.E.R.C.

Attorney(s) appearing for the Case

Robert J. Lundman , with whom Andrew C. Mergen , U.S. Department of Justice, Environment & Natural Resources Division, Robert G. Dreher , Acting Assistant Attorney General, Andrew Tittler and Jason Waanders , Office of the Solicitor, U.S. Department of the Interior, were on brief, for petitioner.

Carol J. Banta , with whom Robert M. Kennedy, Jr. , David L. Morenoff , Acting General Counsel, and Robert H. Solomon , Solicitor, were on brief, for respondent.

Richard M. Lorenzo , with whom Loeb & Loeb, LLP, New York, NY, and Megan Beauregard , Associate General Counsel, Legal and Corporate Affairs, Enel Green Power North America, Inc., was on brief, for intervenors.

Wendy Jacobs and Aladdine Joroff , Emmett Environmental Law & Policy Clinic, Harvard Law School, on brief in support of petitioner, as amici curiae of the National Trust for Historic Preservation in the United States and Preservation Mass Inc.

Vincent C. Manzi, Jr. and Manzi Bonanno & Bowers, on brief in support of respondent, as amici curiae of the Lowell Motor Boat Club and The Greater Lawrence Community Boating Program.

Peter C.L. Roth , Senior Assistant Attorney General, N.H. Attorney General's Office, Environmental Protection Bureau, and Joseph A. Foster , Attorney General, on brief in support of respondent, as amicus curiae of the State of New Hampshire Fish & Game Department.

Before Torruella, Howard, and Kayatta, Circuit Judges.