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OREGON v. F.E.R.C.

Nos. 09-70269, 09-70442, 09-70477.

636 F.3d 1203 (2011)

State of OREGON, by and through its Department of Environmental Quality, Department of Land Conservation and Development, and Department of Energy, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, NorthernStar Energy LLC; Bradwood Landing LLC, Intervenors. Columbia Riverkeeper; Sierra Club; Landowners and Citizens for a Safe Community; Wahkiakum Friends of the River; Willapa Hills Audubon Society; Gayle Kiser, Petitioners, Nez Perce Tribe, Intervenor, v. Federal Energy Regulatory Commission, Respondent, NorthernStar Energy LLC; Bradwood Landing LLC, Intervenors. The State of Washington, Department of Ecology, Petitioner, v. Federal Energy Regulatory Commission, Respondent, NorthernStar Energy LLC; Bradwood Landing LLC, Intervenors.

United States Court of Appeals, Ninth Circuit.

Filed March 2, 2011.

Attorney(s) appearing for the Case

Stephanie M. Parent (argued) and Eric C. Lagesen , Oregon Department of Justice, Portland, OR, for petitioner State of Oregon.

Joan M. Marchioro , Office of the Washington Attorney General, Olympia, WA, for petitioner State of Washington.

Tom Buchele , Pacific Environmental Advocacy Center, Portland, OR, for petitioner Columbia Riverkeeper et al.

Michael Lopez , Nez Perce Tribe Office of Legal Counsel, Lapwai, ID, and Erin Madden , Cascadia Law PC, Portland, OR, for intervenor Nez Perce Tribe.

Kristen M. Fletcher , Washington, DC, for amicus curiae Coastal States Organization.

Jackson D. Logan, III , Louisiana Department of Justice, Baton Rouge, LA, for amici curiae State of Louisiana et al.

Robert M. Kennedy, Jr. (argued), Federal Energy Regulatory Commission, Washington, DC, for respondent Federal Energy Regulatory Commission.

Before: BETTY B. FLETCHER, RICHARD A. PAEZ, and SANDRA S. IKUTA, Circuit Judges.

OPINION

PER CURIAM:

The states of Oregon and Washington, Columbia Riverkeeper et al., and the Nez Perce Tribe (collectively, petitioners) seek review of a September 18, 2008 order of the Federal Energy Regulatory Commission (FERC). For the reasons stated below, we dismiss the petition for review as moot and vacate the agency's September 18, 2008 order.

I

FERC's September 18, 2008 order incorporated two different authorizations, each with...

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