MAINE COUNCIL OF ATL. SALMON v. NAT'L MARINE FISH.

No. 16-2155.

858 F.3d 690 (2017)

MAINE COUNCIL OF the ATLANTIC SALMON FEDERATION; Natural Resources Council of Maine; Kennebec Valley Chapter of Trout Unlimited; and Maine Rivers, Plaintiffs, Appellants, v. NATIONAL MARINE FISHERIES SERVICE (NOAA FISHERIES); Brookfield Renewable Services Maine, LLC; Brookfield Power U.S. Asset Management, LLC; Brookfield White Pine Hydro, LLC; Merimil Limited Partnership; and Hydro-Kennebec, LLC, Defendants, Appellees.

United States Court of Appeals, First Circuit.

June 7, 2017.


Attorney(s) appearing for the Case

Russell B. Pierce, Jr. , with whom Norman, Hanson & DeTroy, LLC, Portland, ME, and Charles Owen Verrill, Jr. , Washington, DC, were on brief, for appellants.

Kevin W. McArdle , Attorney, U.S. Dep't of Justice, Env't & Natural Resources Div., with whom Ellen J. Durkee and Robert P. Williams , Attorneys, U.S. Dep't of Justice, Env't & Natural Resources Div.; John C. Cruden , Assistant Attorney General; and John P. Almeida , Attorney Advisor, U.S. Department of Commerce, National Oceanic and Atmospheric Administration, were on brief, for appellee National Marine Fisheries Service.

Matthew W. Morrison , with whom Pillsbury Winthrop Shaw Pittman LLP, Washington, DC, was on brief, for appellees Brookfield Renewable Services Maine, LLC; Brookfield Power U.S. Asset Management, LLC; Brookfield White Pine Hydro, LLC; Merimil Limited Partnership; and Hydro-Kennebec LLC.

Before Kayatta, Circuit Judge, Souter, Associate Justice, and Stahl, Circuit Judge.


This appeal is from the district court's dismissal for lack of jurisdiction of an action brought by the Plaintiff-Appellants under the Administrative Procedure Act (APA). They sought review of two biological opinions issued to the Federal Energy Regulatory Commission (FERC) by the National Marine Fisheries Service

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