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NIAGARA MOHAWK POWER CORP. v. HUDSON RIVER-BLACK

Docket No. 10-4402-cv.

673 F.3d 84 (2012)

NIAGARA MOHAWK POWER CORPORATION, dba National Grid, Plaintiff-Appellant, v. HUDSON RIVER-BLACK RIVER REGULATING DISTRICT, New York State Department of Environmental Conservation, Defendants-Appellees, Sacandaga Protection Corporation, Intervenor-Appellee.

United States Court of Appeals, Second Circuit.

Decided: March 7, 2012.

Attorney(s) appearing for the Case

Mark D. Lansing , Hiscock & Barclay, LLP, Albany, New York, for Plaintiff-Appellant.

David M. Cherubin , Brown & Weinraub, PLLC, Albany, New York, for Defendant-Appellee Hudson River-Black River Regulating District.

Owen Demuth , Assistant Solicitor General ( Barbara D. Underwood , Solicitor General, Andrew D. Bing , Deputy Solicitor General, on the brief), for Eric T. Schneiderman, Attorney General of the State of New York, Albany, New York, for Defendant-Appellee New York State Department of Environmental Conservation.

Benjamin K. Ahlstrom , Hodgson Russ LLP, Buffalo, New York, for Intervenor-Appellee Sacandaga Protection Corporation.

Before: HALL, LYNCH, and LOHIER, Circuit Judges.

GERARD E. LYNCH, Circuit Judge:

Plaintiff-appellant Niagara Mohawk Power Corporation, doing business as National Grid ("National Grid"), challenges the constitutional and statutory authority of defendant-appellee Hudson River-Black River Regulating District ("the District"), a New York public benefit corporation, to assess it for benefits that its property along the Hudson River receives from a dam and reservoir that the District operates. National Grid argues that...

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