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NATIONAL PARKS CONSERVATION ASSOCIATION v. FERC

Nos. 19-72915, 19-73079.

6 F.4th 1044 (2021)

NATIONAL PARKS CONSERVATION ASSOCIATION, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Eagle Crest Energy Company, Respondent-intervenor. In re National Parks Conservation Association, National Parks Conservation Association, Petitioner, v. Federal Energy Regulatory Commission, Respondent, Eagle Crest Energy Company, Respondent-Intervenor.

United States Court of Appeals, Ninth Circuit.

Filed July 28, 2021.

Attorney(s) appearing for the Case

Amanda Zerbe (argued), Ryan Gallagher (argued), C.J. Biggs , Michael Golz , and Joseph Zabel , Certified Law Students; Deborah Ann Sivas (argued), Matthew J. Sanders (argued), and Alicia E. Thesing , Supervising Attorneys; Environmental Law Clinic, Stanford, California; for Petitioner.

Jared Fish (argued), Attorney; Robert H. Solomon , Solicitor; David Morenoff , Acting General Counsel; Federal Energy Regulatory Commission, Washington, D.C.; for Respondents.

Joshua E. Adrian and Donald H. Clarke , Duncan Weinberg Genzer & Pembroke P.C., Washington, D.C., for Respondent-Intervenor.

Before: M. Margaret McKeown and Jacqueline H. Nguyen, Circuit Judges, and Robert H. Whaley, District Judge.

OPINION

In this petition for review, we consider whether the Federal Energy Regulatory Commission (the "Commission") acted arbitrarily or capriciously, or abused its discretion, in denying National Parks Conservation Association's (the "Association") motion to intervene in post-licensing deadline extension proceedings...

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