BEAR LAKE WATCH, INC. v. FED. ENERGY REGULATORY COMM'N, 02-70660
The FERC did not err in finding that, because a reservoir was not necessary or appropriate to the operation of power projects, it did not have jurisdiction over operations at the reservoir even though it had jurisdiction over the projects themselves.
- Argued 03/05/2003
- Submitted 03/05/2003
- Decided 03/27/2003
- Published 03/27/2003
Before O'SCANNLAIN, FERNANDEZ, and FISHER, Circuit Judges.
United States Ninth Circuit
Randall M. Weiner, Boulder, CO, for the petitioner.
Lona T. Perry, Federal Energy Regulatory Commission, Washington, D.C., for the respondent., Thomas H. Nelson, Jeffrey S. Lovinger (argued), Thomas H. Nelson & Associates, Portland, OR, for the intervenor-respondent PacifiCorp., Harriet A. Hensley, Deputy Attorney General, Natural Resources Division, Boise, ID, for the intervenor-respondent the State of Idaho., Norman K. Johnson, Assistant Attorney General, Salt Lake City, UT, for the intervenor-respondent the State of Utah., Thomas J. Davidson, Deputy Attorney General, Water & Natural Resources Division, Cheyenne, WY, for the intervenor-respondent the State of Wyoming.