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JACKSON COUNTY, NORTH CAROLINA v. F.E.R.C.

No. 08-1224.

589 F.3d 1284 (2009)

JACKSON COUNTY, NORTH CAROLINA et al., Petitioners v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Duke Energy Carolinas, LLC and United States Department of the Interior, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided December 22, 2009.

Attorney(s) appearing for the Case

Philip M. Marston argued the cause for the petitioners. Paul V. Nolan was on brief.

Jennifer S. Amerkhail, Attorney, Federal Energy Regulatory Commission, argued the cause for the respondent. Cynthia A. Marlette, General Counsel, and Robert H. Solomon, Solicitor, were on brief.

John C. Cruden, Acting Assistant Attorney General, United States Department of Justice, and Robert J. Lundman and John L. Smeltzer, Attorneys, were on brief for intervenor United States Department of the Interior.

John A. Whittaker, IV was on brief for intervenor Duke Energy Carolinas, LLC.

Opinion for the Court filed by Circuit Judge HENDERSON.

KAREN LeCRAFT HENDERSON, Circuit Judge:

Petitioners Jackson County, N.C., Town of Franklin, N.C. and the Friends of Lake Glenville Association, Inc. challenge orders of the Federal Energy Regulatory Commission (FERC or Commission) which granted the application of Duke Energy Carolinas, LLC (Duke) to surrender its license to operate the Dillsboro, N.C. hydroelectric project (Dillsboro Project) and to remove the project's dam and powerhouse. See Duke Energy Carolinas...

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