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ERIE BLVD. HYDROPOWER, LP v. F.E.R.C.

No. 16-1015.

878 F.3d 258 (2017)

ERIE BOULEVARD HYDROPOWER, LP, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Hudson River-Black River Regulating District, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided December 22, 2017.

Attorney(s) appearing for the Case

Ariel N. Lavinbuk , Washington, DC, argued the cause for the petitioner. Roy T. Englert Jr. , Washington, DC, and Peter B. Siegal were with him on brief. John A. Whittaker, IV , Washington, DC, entered an appearance.

Elizabeth E. Rylander , Attorney, Federal Energy Regulatory Commission, argued the cause for the respondent. Robert H. Solomon , Solicitor, was with her on brief.

Frederick A. Brodie , Assistant Solicitor General, Office of the Attorney General for the State of New York, argued the cause for the intervenor. Eric T. Schneiderman , Attorney General, Barbara D. Underwood , Solicitor General, and Victor Paladino , Assistant Solicitor General, were with him on brief.

Before: Henderson and Millett, Circuit Judges, and Ginsburg, Senior Circuit Judge.

This hydroelectric dispute arises from the banks of the Sacandaga and Hudson Rivers and the ripples of our decision in Albany Engineering Corp. v. FERC, 548 F.3d 1071 (D.C. Cir. 2008) (Albany). The petitioner is Erie Boulevard Hydropower, LP (Erie), which operates...

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