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LICHOULAS v. F.E.R.C.

No. 08-1373.

606 F.3d 769 (2010)

James LICHOULAS, Jr., Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided May 28, 2010.

Attorney(s) appearing for the Case

Brian A. Davis argued the cause for the petitioners. Kenneth L. Wiseman, Mark F. Sundback, Gia V. Cribbs and Jennifer L. Spina were on brief.

Jennifer S. Amerkhail, Attorney, Federal Energy Regulatory Commission, argued the cause for the respondent. Thomas R. Sheets, General Counsel, Robert H. Solomon, Solicitor, and Carol J. Banta, Attorney, were on brief.

Opinion for the Court filed by Circuit Judge HENDERSON.

KAREN LeCRAFT HENDERSON, Circuit Judge:

James Lichoulas, Jr. petitions for review of Federal Energy Regulatory Commission (FERC or Commission) orders that terminate his license to operate a hydropower project attached to a historic six-story mill building in Lowell, Massachusetts. Lichoulas argues that FERC's use of the implied surrender doctrine to terminate his license was arbitrary and capricious. He also argues that FERC engaged in impermissible ex parte contacts...

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