United States Second Circuit

Petition for review of several orders and notices issued by the Federal Energy Regulatory Commission during the proceedings to relicense the School Street Hydroelectric Project is denied in part and granted in part where: 1) co-plaintiff Adirondack Hydro Development Corporation lacks standing to challenge any of the orders or notices issued in the administrative proceedings, as none of the injuries identified by Adirondack are sufficient to satisfy the injury-in-fact requirement of the standing analysis; and 2) the FERC abused its discretion and acted acted arbitrarily and capriciously when it denied petitioner Green Island's motion to intervene without first considering whether the settlement offer materially amended the School Street license application.

Appellate Information

• Argued 12/19/2008
• Decided 08/10/2009
• Published 08/10/2009

Judges

• KATZMANN, Circuit Judge:, Before:  SACK and KATZMANN, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Frances E. Francis (William S. Huang and Rebecca J. Baldwin, on the brief), Spiegel & McDiarmid, LLP, Washington, DC, for Petitioners., John A. Whittaker, Winston & Strawn, LLP, Washington, DC (Mel R. Jiganti, U.S. Legal Director, Brookfield Power, Marlborough, MA, on the brief), for Intervenor., Marc S. Gerstman (Jennifer M. Wilson and Jessica Backer Brand, on the brief), Law Offices of Marc S. Gerstman, Albany, N.Y., for Amici Curiae Scenic Hudson, Inc., Capital District Regional Planning Commission, Village of Green Island, Town of Green Island, City of Watervliet, Town of Waterford, New York Bicycling Coalition, Inc., New York Association of Public Power, Public Utility Law Project of New York, Inc., and Friends of the Falls, in support of Petitioners.


• For Appellees:
  
• Holly E. Cafer (Cynthia A. Marlette, General Counsel, and Robert H. Solomon, Solicitor, on the brief), Federal Energy Regulatory Commission, Washington, DC, for Respondent.