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CITY OF MIAMI v. FEDERAL ENERGY REGULATORY COM'N

No. 20-1325 Consolidated with 20-1446.

22 F.4th 1039 (2022)

The CITY OF MIAMI, OKLAHOMA, Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent Grand River Dam Authority, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided January 18, 2022.

Attorney(s) appearing for the Case

David M. Gossett argued the cause for petitioner. With him on the briefs was Barbara S. Jost .

Elizabeth E. Rylander , Attorney, Federal Energy Regulatory Commission, argued the cause for respondent.

With her on the brief were Matthew R. Christiansen , General Counsel, and Robert H. Solomon , Solicitor.

Misha Tseytlin argued the cause for intervenor. With him on the brief were Charles R. Sensiba , Elizabeth J. McCormick , and J. Houston Shaner .

Before: Henderson and Pillard, Circuit Judges, and Silberman, Senior Circuit Judge.

The City of Miami, Oklahoma complained about periodic flooding which it asserted comes from the operation of the Pensacola Project, a downstream dam licensed by FERC. It petitions for review of FERC orders that reject its complaint on several grounds. We think FERC's position is surprisingly unpersuasive. We grant...

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