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FRIENDS OF MERRYMEETING BAY v. HYDRO KENNEBEC, LLC

Nos. 13-1220, 13-1750.

759 F.3d 30 (2014)

FRIENDS OF MERRYMEETING BAY and Environment Maine, Plaintiffs, Appellants, v. HYDRO KENNEBEC, LLC and Brookfield Power U.S. Asset Management, LLC, Defendants, Appellees. Friends of Merrymeeting Bay and Environment Maine, Plaintiffs, Appellants, v. Merimil Limited Partnership, FPL Energy Maine Hydro, LLC, and Brookfield Renewable Services Maine, LLC, Defendants, Appellees, NextEra Energy Resources, LLC and NextEra Energy Maine Operating Services, LLC, Defendants.

United States Court of Appeals, First Circuit.

July 14, 2014.

Attorney(s) appearing for the Case

Charles C. Caldart , with whom Joshua R. Kratka , Bruce M. Merrill , David A. Nicholas , and National Environmental Law Center were on brief, for Appellants.

Mark Stancil , with whom Donald A. Carr , Aileen Meyer , and Pillsbury Winthrop Shaw Pittman LLP were on brief, for Appellees.

Before THOMPSON, STAHL, and KAYATTA, Circuit Judges.

STAHL, Circuit Judge.

Two conservation groups, Friends of Merrymeeting Bay and Environment Maine (collectively, "Plaintiffs"), brought two citizen enforcement suits containing claims under the Endangered Species Act ("ESA"), 16 U.S.C. §§ 1531-1544, and the Clean Water Act ("CWA"), 33 U.S.C. §§ 1251-1387, against Hydro Kennebec, LLC, Brookfield Power U.S. Asset Management, LLC, Merimil Limited Partnership, FPL Energy Maine Hydro, LLC, and Brookfield...

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