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CITY OF SALISBURY, NORTH CAROLINA v. FERC

No. 20-1238 Consolidated with 20-1457.

36 F.4th 1164 (2022)

CITY OF SALISBURY, NORTH CAROLINA, Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Cube Yadkin Generation, LLC, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided June 10, 2022.

Attorney(s) appearing for the Case

Robert J. King, III argued the cause for petitioner. On the briefs were V. Randall Tinsley , Kyle Woosley , and Julia C. Ambrose . Joseph A. Ponzi entered an appearance.

Jared B. Fish , Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With him on the brief were Matthew R. Christiansen , General Counsel, and Robert H. Solomon , Solicitor.

Sharon L. White and Julia S. Wood were on the brief for intervenor Cube Yadkin Generation, LLC in support of respondent.

Before: Katsas and Jackson, Circuit Judges, and Ginsburg, Senior Circuit Judge.

The Federal Energy Regulatory Commission has licensed Cube Yadkin Generation LLC to operate a series of hydroelectric dams on the Yadkin River in North Carolina. The license requires Cube to develop a plan to protect a nearby water pump station from flooding. In the order under review, FERC approved a plan to do so by raising...

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