AMERICAN RIVERS v. F.E.R.C.

No. 16-1195 Consolidated with 16-1336.

895 F.3d 32 (2018)

AMERICAN RIVERS and Alabama Rivers Alliance, Petitioners v. FEDERAL ENERGY REGULATORY COMMISSION and United States Secretary of the Interior, Respondents. Alabama Power Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided July 6, 2018.


Attorney(s) appearing for the Case

Megan H. Huynh argued the cause for petitioners. On the briefs were Catherine Wannamaker and Sarah Stokes .

Anand Viswanathan , Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With him on the brief were David L. Morenoff , General Counsel at the time the brief was filed, and Robert H. Solomon , Solicitor.

Allen M. Brabender , Attorney, U.S. Department of Justice, argued the cause for respondent the Secretary of the Interior. With him on the brief was Eric Grant , Deputy Assistant Attorney General. David C. Shilton and Robert J. Lundman , Attorneys, entered appearances.

James A. Byram Jr. , James H. Hancock Jr. , Jason B. Tompkins , Peter D. Keisler , and C. Frederick Beckner III were on the brief for intervenor Alabama Power Company.

Before: Srinivasan and Millett, Circuit Judges, and Sentelle, Senior Circuit Judge.


Many portions of Alabama's and Georgia's Coosa River ecosystem are in fragile condition after, among other things, decades of power plant operations and development. In 2013, the Federal Energy Regulatory Commission granted the Alabama Power Company...

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