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CALIFORNIA TROUT v. F.E.R.C.

Nos. 07-73664, 07-74494, 08-71593.

572 F.3d 1003 (2009)

CALIFORNIA TROUT, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. California Trout, Petitioner, v. Federal Energy Regulatory Commission, Respondent. Friends of the River, Petitioner, v. Federal Energy Regulatory Commission, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed July 20, 2009.

Attorney(s) appearing for the Case

Daniel P. Selmi (argued), Los Angeles, CA, and Amy J. Bricker, Rachel B. Hooper, and Amanda Garcia, San Francisco, CA, for the petitioners.

Holly E. Cafer, Kathrine Henry (argued), Cynthia Marlette, and Robert H. Solomon, Washington, D.C., for the respondent.

Opinion by Judge BYBEE; Dissent by Judge GOULD.

BYBEE, Circuit Judge:

The Supreme Court has long stressed that "the formulation of procedures [is] basically to be left within the discretion of the agencies to which Congress [has] confided the responsibility for substantive judgments." Vt. Yankee Nuclear Power Corp. v. Natural Res. Def. Council, Inc., 435 U.S. 519, 524-25, 98 S.Ct. 1197, 55 L.Ed.2d 460 (1978). Agencies must have the ability to manage their own dockets and set...

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