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SMITH LAKE IMP. AND STAKEHOLDERS ASS'N v. F.E.R.C.

No. 13-1074.

768 F.3d 1 (2014)

SMITH LAKE IMPROVEMENT AND STAKEHOLDERS ASSOCIATION, Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, et al., Respondents. Alabama Power Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided September 26, 2014.

Attorney(s) appearing for the Case

Richard Roos-Collins , Julie Gantenbein , and Nicholas T. Niiro were on the briefs for petitioner Smith Lake Improvement and Stakeholders Association.

Peter A. Harrison was on the brief for amici curiae Alabama Rivers Alliance, et al. in support of petitioner.

Gregory S. Farris was on the brief for amici curiae County of Winston, Alabama and School System of Winston County, Alabama.

David L. Morenoff , Acting General Counsel, Federal Energy Regulatory Commission, Robert H. Solomon , Solicitor, and Lisa B. Luftig , Attorney, were on the brief for respondent Federal Energy Regulatory Commission.

Robert G. Dreher , Acting Assistant Attorney General, U.S. Department of Justice, and Michael T. Gray , Attorney, were on the brief for respondents U.S. Secretary of the Interior and U.S. Secretary of Agriculture. John D. Gunter II , Trial Attorney, entered an appearance.

James A. Byram Jr. , P. Stephen Gidiere III , James H. Hancock Jr. , and Jason B. Tompkins were on the brief for intervenor Alabama Power Company.

Opinion for the Court filed by Senior Circuit Judge SILBERMAN.

SILBERMAN, Senior Circuit Judge:

Petitioner Smith Lake Improvement and Stakeholder Association asserts various claims against Respondents FERC, the Secretary of Interior, and the Secretary of Agriculture relating to the Commission's issuance of a license order. Intervenor Alabama Power moved to dismiss the Association's petition for review on the ground that we lack jurisdiction because the appeal was untimely. We agree and...

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