No. 22-70122.

83 F.4th 1182 (2023)

IDAHO CONSERVATION LEAGUE; Great Old Broads for Wilderness; Idaho Rivers United, Petitioners, v. BONNEVILLE POWER ADMINISTRATION, Respondent, Northwest Requirements Utilities; Alliance of Western Energy Consumers; Public Power Council; Puget Sound Energy Inc, Intervenors.

United States Court of Appeals, Ninth Circuit.

Filed October 16, 2023.

Attorney(s) appearing for the Case

Andrew R. Missel (argued), Advocates for the West, Portland, Oregon; Laurence J. Lucas , Advocates for the West, Boise, Idaho; for Petitioners.

J. Courtney Olive (argued), Special Assistant United States Attorney, Bonneville Power Administration, Office of General Counsel, Portland, Oregon; Sean E. Martin , Assistant United States Attorney; Natalie K. Wight , United States Attorney; United States Attorney's Office, Portland, Oregon; Marcus H. Chong Tim , General Counsel; Timothy A. Johnson and Anne E. Senters , Assistant General Counsels; Richard A. Greene and B. Tucker Miles , Attorneys; Bonneville Power Administration, Portland, Oregon; for Respondent.

Matthew Schroettnig , General Counsel, Northwest Requirements Utilities, Portland, Oregon, for Intervenor Northwest Requirements Utilities.

Sommer Moser , Davison Van Cleve PC, Portland, Oregon, for Intervenor Alliance of Western Energy Consumers.

Irene A. Scruggs , Attorney, Public Power Council, Portland, Oregon; Steve J. Odell , Marten Law LLP, Portland, Oregon; for Intervenor Public Power Council.

Jason T. Kuzma , Puget Sound Energy Inc., Bellevue, Washington, for Intervenor Puget Sound Energy Inc.

Richard K. Eichstaedt , Eichstaedt Law Offices PLLC, Spokane, Washington; Ted C. Knight , Special Legal Counsel, Ted C. Knight Law, Bainbridge Island, Washington; for Amicus Curiae Coeur d'Alene Tribe and Spokane Tribe of Indians.

Dissent by Judge Bea.


The Bonneville Power Administration (BPA) is a federal agency tasked with selling the power generated at various hydroelectric facilities in the Pacific Northwest. In the decision on review, BPA set its rates for the 2022-2023 fiscal period. Environmental groups now petition for review of that decision, arguing...

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