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HOOPA VALLEY TRIBE v. F.E.R.C.

No. 09-1134.

629 F.3d 209 (2010)

HOOPA VALLEY TRIBE, Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. PacifiCorp, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided December 28, 2010.

Attorney(s) appearing for the Case

Thane D. Somerville argued the cause for petitioner. With him on the briefs was Thomas P. Schlosser .

Samuel Soopper , Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With him on the brief were Thomas R. Sheets , General Counsel, and Robert H. Solomon , Solicitor.

Michael A. Swiger argued the cause for intervenor PacifiCorp. With him on the brief was Sam Kalen .

Opinion for the Court filed by Circuit Judge KAVANAUGH.

KAVANAUGH, Circuit Judge:

One of the modern U.S. government's major regulatory tasks is to reconcile competing demands on the Nation's natural resources. This case involves one small episode in that larger story. The dispute concerns water resources in the Pacific Northwest, where a hydroelectric plant provides power to some citizens but interferes with the food needs and recreational desires of others.

The Klamath Hydroelectric Project is located on the Klamath...

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