CALIFORNIA WILDERNESS COALITION; Natural Resources Defense Council; The Wilderness Society, Inc., Petitioners, and
Desert Protection Society; Center for Community Action and Environmental Justice; Backcountry Against Dumps; Desert Protective Council; Morongo Basin Conservation Association; Alliance for Responsible Energy Policy; Donna Charpied; Laurence Charpied; San Bernardino Valley Audubon Society, Intervenors,
v.
U.S. DEPARTMENT OF ENERGY, Respondent,
Allegheny Energy, Inc.; American Public Power Association; Edison Electric Institute; Monongahela Power Company; National Rural Electric Cooperative Association; PJM Interconnection; Path Allegheny Transmission Company, LLC; Path West Virginia Transmission Company, LLC; San Diego Gas & Electric Company; Southern California Edison Company; The Potomac Edison Company; Trans-Allegheny Interstate Line Company; West Penn Power Company, Intervenors-Respondents-Intervenors.
Commonwealth of Virginia; Robert F. McDonnell, Governor; Kenneth T. Cuccinelli, Attorney General, Petitioners, and
Desert Protection Society; Center for Community Action and Environmental Justice; Backcountry Against Dumps; Desert Protective Council; Morongo Basin Conservation Association; Alliance for Responsible Energy Policy; Donna Charpied; Laurence Charpied; San Bernardino Valley Audubon Society, Intervenors,
v.
U.S. Department of Energy and Samuel Bodman, Secretary of Energy, Respondents,
Allegheny Energy, Inc., DBA Allegheny Power; Monongahela Power Company, DBA Allegheny Power; Path Allegheny Transmission Company, LLC; Path West Virginia Transmission Company, LLC; Potomac Edison Power Company, DBA Allegheny Power; Trans-Allegheny Interstate Line Company; West Penn Power Company, dba Allegheny Power, Edison Electric Institute; American Public Power Association; National Rural Electric Cooperative Association; San Diego Gas & Electric Company; Southern California Edison Company, Respondents-Intervenors.
Pennsylvania Public Utility Commission ("PAPUC"), Petitioner, and
Desert Protection Society; Center for Community Action and Environmental Justice; Backcountry Against Dumps; Desert Protective Council; Morongo Basin Conservation Association; Alliance for Responsible Energy Policy; Donna Charpied; Laurence Charpied; San Bernardino Valley Audubon Society, Intervenors,
v.
U.S. Department of Energy and Samuel W. Bodman, Respondents.
State of New York, Petitioner, and
Desert Protection Society; Center for Community Action and Environmental Justice; Backcountry Against Dumps; Desert Protective Council; Morongo Basin Conservation Association; Alliance for Responsible Energy Policy; Donna Charpied; Laurence Charpied; San Bernardino Valley Audubon Society, Intervenors,
v.
U.S. Department of Energy and Samuel W. Bodman, Respondents.
Piedmont Environmental Council; National Trust for Historic Preservation; National Parks Conservation Association; Civil War Preservation Trust; Pennsylvania Land Trust Association; The County of Fauquier, Virginia, Petitioners, and
Desert Protection Society; Center for Community Action and Environmental Justice; Backcountry Against Dumps; Desert Protective Council; Morongo Basin Conservation Association; Alliance for Responsible Energy Policy; Donna Charpied; Laurence Charpied; San Bernardino Valley Audubon Society, Intervenors,
v.
U.S. Department of Energy and Samuel W. Bodman, Respondents.
Commonwealth of Pennsylvania and Department of Environmental Protection, Petitioners, and
Desert Protection Society; Center for Community Action and Environmental Justice; Backcountry Against Dumps; Desert Protective Council; Morongo Basin Conservation Association; Alliance for Responsible Energy Policy; Donna Charpied; Laurence Charpied; San Bernardino Valley Audubon Society, Intervenors,
v.
U.S. Department of Energy, Respondent.
Public Utilities Commission of the State of California, Petitioner,
Public Service Commission of the State of New York, Petitioner-Intervenor, and
Desert Protection Society; Center for Community Action and Environmental Justice; Backcountry Against Dumps; Desert Protective Council; Morongo Basin Conservation Association; Alliance for Responsible Energy Policy; Donna Charpied; Laurence Charpied; San Bernardino Valley Audubon Society, Intervenors,
v.
U.S. Department of Energy and Samuel W. Bodman, Respondents,
Southern California Edison Company, Respondent-Intervenor.
Imperial Irrigation District, Petitioner, and
Desert Protection Society; Center for Community Action and Environmental Justice; Backcountry Against Dumps; Desert Protective Council; Morongo Basin Conservation Association; Alliance for Responsible Energy Policy; Donna Charpied; Laurence Charpied; San Bernardino Valley Audubon Society, Intervenors,
v.
U.S. Department of Energy and Samuel W. Bodman, Respondents, and
Southern California Edison Company.
Arizona Corporation Commission, Petitioner, and
Public Service Commission of the State of New York, Desert Protection Society; Center for Community Action and Environmental Justice; Backcountry Against Dumps; Desert Protective Council; Morongo Basin Conservation Association; Alliance for Responsible Energy Policy; Donna Charpied; Laurence Charpied; San Bernardino Valley Audubon Society, Intervenors,
v.
U.S. Department of Energy and Samuel W. Bodman, Respondents, and
Southern California Edison Company.
Communities Against Regional Interconnect, Petitioner,
v.
U.S. Department of Energy, Respondent.
People of the State of New York and Public Service Commission of the State of New York, Petitioners,
v.
U.S. Department of Energy and Samuel Bodman, Secretary of Energy, Respondents.
New Jersey Board of Public Utilities, Petitioner,
v.
U.S. Department of Energy, Respondent,
Southern California Edison Company; Edison Electric Institute; American Public Power Association; National Rural Electric Cooperative Association; Monongahela Power Company; The Potomac Edison Company; West Penn Power Company; Trans-Allegheny Interstate Line Company; Allegheny Energy, Inc.; Path Allegheny Transmission Company, LLC; Path West Virginia Transmission Company, LLC; San Diego Gas & Electric Company, Respondents-Intervenors.
Toll Brothers, Inc., Petitioner,
v.
U.S. Department of Energy, Respondent.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted June 8, 2010.
Filed February 1, 2011.
Attorney(s) appearing for the Case
Anjali I. Jaiswal and Johanna H. Wald , Natural Resources Defense Council, San Francisco, CA, Stephan C. Volker and Joshua Harris , Oakland, CA, Caleb A. Jaffe , Southern Environmental Law Center, Charlottesville, VA, William A. Anderson II , Williams Mullen , James B. Dougherty (argued), Elizabeth S. Merritt , Deputy General Counsel, National Trust for Historic Preservation, Andrea C. Ferster, Washington, D.C., for Petitioners The Wilderness Society, Natural Resources Defense Council, California Wilderness Coalition, Piedmont Environmental Council, National Trust for Historic Preservation, National Parks Conservation Association, Civil War Preservation Trust, Pennsylvania Land Trust Association, Fauquier County, Virginia, and Toll Brothers Inc., and Intervenors Desert Protection Society, et al.
James P. Melia and Steven K. Bainbridge , Pennsylvania Public Utility Commission, Scott R. Perry , Commonwealth of Pennsylvania, Department of Environmental Protection, Harrisburg, PA, Maureen Riley Matsen , C. Meade Browder and D. Mathias Roussy , Office of the Attorney General of Virginia, Richmond, VA, Andrew M. Cuomo , Attorney General of the State of New York and Maureen F. Leary (argued), Office of the Attorney General Environmental Protection Bureau, Jonathan Feinberg, Solicitor, Public Services Commission of the State of New York, Albany, NY, Anne Milgram , Attorney General of New Jersey and Kenneth Sheehan , Deputy Attorney General, New Jersey Department of Law and Public Safety, Newark, NJ, for Petitioners Pennsylvania Public Utility Commission, Governor Edward G. Rendell and the Pennsylvania Department of Environmental Protection, New Jersey Board of Public Utilities, State of New York, Public Service Commission of the State of New York, and Commonwealth of Virginia.
Jonathan D. Feinberg , State of New York Department of Public Service, Office of General Counsel, Andrew M. Cuomo , New York State Attorney General, Maureen F. Leary (argued), Assistant Attorney General and Denise A. Hartman , Assistant Solicitor General, Albany, NY, James P. Melia , John Levine and Steven Bainbridge , Pennsylvania Public Utility Commission, Scott Perry , Pennsylvania Department of Environmental Protection, Harrisburg, PA, Janet Wagner and Nancy Scott , Arizona Corporation Commission, Legal Division, Phoenix, AZ, Anne Milgram , New Jersey State Attorney General and Kenneth J. Sheehan , Deputy Attorney General, Department of Law & Public Safety, Newark, NJ, Maureen Riley Matsen , D. Mathias Roussy , and C. Meade Browder , Office of the Attorney General, Richmond, VA, Laurence G. Chaset (argued), California Public Utilities Commission Legal Division, San Francisco, CA, for Petitioners Pennsylvania Public Utility Commission, Governor Edward G. Rendell and the Pennsylvania Department of Environmental Protection, New Jersey Board of Public Utilities, State of New York, Public Service Commission of the State of New York, Commonwealth of Virginia, Public Utilities Commission of the State of California, Arizona Corporation Commission.
Opinion by Judge CALLAHAN; Dissent by Judge IKUTA.
United States Court of Appeals, Ninth Circuit.
OPINION
CALLAHAN, Circuit Judge:
These thirteen petitions for review challenge the Department of Energy's ("DOE") implementation of the Energy Policy Act of 2005 ("EPAct"), which added a new section 216 to the Federal Power Act ("FPA"), codified as 16 U.S.C. § 824p (sometimes referred to as "§ 216"). Petitioners offer three distinct challenges to DOE's actions: (1) DOE failed to consult with the affected States in undertaking the Congestion Study...
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