United States Ninth Circuit

Although the Federal Energy Regulatory Commission's summary disposition of a complaint, alleging failure to comply with license terms of a hydroelectric project, may have rested on an improper legal basis, the petition to review such disposition was denied because FERC has virtually unreviewable discretion to enforce any alleged license violations. (Republished amended opinion)

Appellate Information

• Argued 12/08/2000
• Decided 02/27/2002
• Published 02/27/2002

Judges

• BETTY B. FLETCHER, Circuit Judge:, Before:  B. FLETCHER and FISHER, Circuit Judges, and SCHWARZER, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Jonathan I. Feil,Simburg, Ketter, Sheppard & Purdy, LLP, Seattle, Washington, for the petitioners.


• For Appellees:
  
• Douglas W. Smith, General Counsel, Jay L. Witkin, Solicitor, Timm L. Abendroth, Lona T. Perry, Federal Energy Regulatory Commission, Washington, D.C., for the respondent.