United States Eighth Circuit

Petition for review of the FERC's authorization of the reconstruction of the Taum Sauk Pumped Storage Project, a hydroelectric generating plant, is denied where the FERC did not violate the National Environmental Policy Act (NEPA) as its decision not to include the impacts of relicensed operation in its environmental assessment of reconstruction was not arbitrary or capricious.

Appellate Information

• Decided 10/23/2008
• Published 10/23/2008

Judges

• BENTON, Circuit Judge., Before MURPHY, ARNOLD, and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Bruce Alan Morrison, argued, St. Louis, MO, (Kathleen G. Henry, Henry B. Robertson, on the brief), for petitioners., Charles A. Zdebski, argued, Washington, DC, (Gerit F. Hull, Jeffery T. McPherson, on the brief), for intervenor.


• For Appellees:
  
• Holly E. Cafer, FERC, argued, Washington, DC, (Jeffery S. Dennis, FERC, on the brief), for respondent.