United States Ninth Circuit
Fall River Rural Electric Cooperative, Inc. v. Fed. Energy Regulation Comm-n, 06-71944
In a challenge to denial of a license to build a hydroelectric power plant, petitions to review denial of the license and denial of applicant's request to hold the proceeding in abeyance are denied where: 1) the FERC finding that plaintiff's proposal would require substantial alteration to an existing FERC licensed project was supported by substantial evidence; 2) the prior licensee cut off negotiations with plaintiff for a site usage agreement; and 3) plaintiff's failure to argue implied consent of the prior licensee in its opening brief waived the argument.
Appellate Information
- Argued 03/11/2008
- Decided 09/10/2008
- Published 09/10/2008
Judges
- Before: STEPHEN REINHARDT, MELVIN BRUNETTI, and RAYMOND C. FISHER, Circuit Judges.
Court
- United States Ninth Circuit
Counsel
- For Appellant:
- Peter C. Kissel and Paige Bullard, Law Offices of GKRSE, Washington, DC; Ray W. Rigby and Jerry R. Rigby, Rigby, Thatcher, Andrus, Rigby & Moeller, Rexburg, ID, for petitioner.
- For Appellees:
- Samuel Soopper and Beth G. Pacella, Federal Energy Regulatory Commission, Washington, DC, for respondent.