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MAINE COUNCIL OF ATLANTIC v. NAT. MARINE FISHERIES

2:15-cv-00261-JAW.

203 F.Supp.3d 58 (2016)

MAINE COUNCIL OF THE ATLANTIC SALMON FEDERATION, et al., Plaintiffs, v. NATIONAL MARINE FISHERIES SERVICE OF THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, and Brookfield Renewable Services Maine LLC, et al., Defendants.

United States District Court, D. Maine.

Signed August 18, 2016.

Attorney(s) appearing for the Case

Benjamin N. Donahue , Russell Pierce , Norman, Hanson & Detroy, Portland, ME, Charles O. Verrill, Jr. , Charles Owen Verrill, Jr., Attorney at Law, Washington, DC, for Plaintiffs.

Robert P. Williams , U.S. Department of Justice, Matthew W. Morrison , Pillsbury Winthrop Shaw Pittman LLP, Washington, DC, John G. Osborn , U.S. Attorney's Office, Jeffrey D. Talbert , Preti, Flaherty LLP, Portland, ME, for Defendants.

ORDER GRANTING DEFENDANTS' MOTION TO DISMISS

The Federal Power Act (FPA) vests the responsibility for licensing hydroelectric projects on this Country's navigable waterways with the Federal Energy Regulatory Commission (FERC) and, consistent with

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