GREEN ISLAND POWER AUTHORITY v. F.E.R.C.

Docket Nos. 07-1737-ag(L), 07-2011-ag(Con), 07-5141-ag(Con).

577 F.3d 148 (2009)

GREEN ISLAND POWER AUTHORITY, Adirondack Hydro Development Corporation, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Erie Boulevard Hydropower, L.P., Intervenor.

United States Court of Appeals, Second Circuit.

Decided August 10, 2009.


Attorney(s) appearing for the Case

Frances E. Francis (William S. Huang and Rebecca J. Baldwin, on the brief), Spiegel & McDiarmid, LLP, Washington, DC, for Petitioners.

Holly E. Cafer (Cynthia A. Marlette, General Counsel, and Robert H. Solomon, Solicitor, on the brief), Federal Energy Regulatory Commission, Washington, DC, for Respondent.

John A. Whittaker, Winston & Strawn, LLP, Washington, DC (Mel R. Jiganti, U.S. Legal Director, Brookfield Power, Marlborough, MA, on the brief), for Intervenor.

Marc S. Gerstman (Jennifer M. Wilson and Jessica Backer Brand, on the brief), Law Offices of Marc S. Gerstman, Albany, N.Y., for Amici Curiae Scenic Hudson, Inc., Capital District Regional Planning Commission, Village of Green Island, Town of Green Island, City of Watervliet, Town of Waterford, New York Bicycling Coalition, Inc., New York Association of Public Power, Public Utility Law Project of New York, Inc., and Friends of the Falls, in support of Petitioners.

Before: SACK and KATZMANN, Circuit Judges.


KATZMANN, Circuit Judge:

This case arises out of proceedings before the Federal Energy Regulatory Commission ("FERC") to relicense the School Street Hydroelectric Project. It calls upon us principally to consider the validity of the order denying Green Island Power Authority's ("Green Island") motion to intervene, and the order granting a new license to Erie Boulevard Hydropower, L.P. ("Erie") to operate the School Street Hydroelectric Project for a term of forty...

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