TENASKA CLEAR CREEK WIND, LLC v. FERC

No. 22-1059. Consolidated with 22-1336, 23-1076.

108 F.4th 858 (2024)

TENASKA CLEAR CREEK WIND, LLC, Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent Bright Canyon Energy Corporation, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 19, 2024.


Attorney(s) appearing for the Case

David A. Super argued the cause for petitioner. With him on the briefs were Tyler S. Johnson and Stephen J. Hug.

Beth G. Pacella, Deputy Solicitor, 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. Matthew W. Estes, Attorney, entered an appearance.

Matthew J. Binette argued the cause for respondent-intervenors. With him on the brief were Marnie A. McCormick, Mark Strain, Peter K. Matt, Jecoliah R. Williams, Elizabeth P. Trinkle, William R. Hollaway, Ph.D., Lucas C. Townsend, and Max E. Schulman.

Before: Childs and Garcia, Circuit Judges, and Ginsburg, Senior Circuit Judge.


Petitioner Tenaska Clear Creek Wind, LLC ("Clear Creek") wants to generate energy by wind turbine for sale to parts of Missouri, southeast Iowa, and northeast Oklahoma. In these consolidated petitions for review of orders of the Federal Energy Regulatory Commission ("Commission"), Clear Creek maintains that the Commission...

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