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SNOQUALMIE VALLEY v. U.S. ARMY CORPS OF ENGINEERS

No. 11-35459.

683 F.3d 1155 (2012)

SNOQUALMIE VALLEY PRESERVATION ALLIANCE, Plaintiff-Appellant, v. UNITED STATES ARMY CORPS OF ENGINEERS, Defendant-Appellee, Puget Sound Energy, Inc., Intervenor-Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 26, 2012.

Attorney(s) appearing for the Case

Charles A. Klinge , Groen Stephens & Klinge LLP, Bellevue, WA, for the plaintiff-appellant.

J. David Gunter II , U.S. Department of Justice, Environment & Natural Resources Division, for the defendant-appellee.

Mark W. Schneider , Perkins Coie LLP, Seattle, WA, for defendant-intervenor/appellee.

Before: MICHAEL DALY HAWKINS, JAY S. BYBEE, and CARLOS T. BEA, Circuit Judges.

OPINION

PER CURIAM:

Puget Sound Energy ("PSE") maintains and operates a hydroelectric power plant at the 268-foot-high Snoqualmie Falls in the state of Washington. The Snoqualmie River drains a large watershed above the falls, and all of the water from this area must pass through a single narrow channel before it reaches the falls, creating a bottleneck during heavy rains. This subjects the City of Snoqualmie, located just upstream of the falls, to persistent...

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