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CITY OF IDAHO FALLS, IDAHO v. F.E.R.C.

Nos. 09-1120, 09-1315.

629 F.3d 222 (2011)

CITY OF IDAHO FALLS, IDAHO, et al., Petitioners v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided January 4, 2011.

Attorney(s) appearing for the Case

Charles R. Sensiba argued the cause for petitioners. With him on the briefs were Sam Kalen and John H. Clements .

Beth G. Pacella , Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. On the brief were Thomas R. Sheets , General Counsel, Robert H. Solomon , Solicitor, and Judith A. Albert , Senior Attorney.

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

In 1987, the Federal Energy Regulatory Commission issued a regulation that used a United States Forest Service rental fee schedule to set annual charges for hydropower projects occupying federal land. Since then, FERC has issued annual updates to reflect the Forest Service's revised fee schedule. In 2008, however, the Forest Service began using a significantly different valuation methodology than the one FERC had reviewed and endorsed in its...

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