Read 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.

Appellate Information

• Argued 03/05/2003
• Submitted 03/05/2003
• Decided 03/27/2003
• Published 03/27/2003

Judges

• Before O'SCANNLAIN, FERNANDEZ, and FISHER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Randall M. Weiner, Boulder, CO, for the petitioner.


• For Appellees:
  
• 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.