United States DC Circuit

The FERC can require implementation of a plan to save endangered wild plant life under the FPA and, since it is impossible to confine reductions in the water level to federally controlled land, the FERC may impose water-level conditions on an entire project.

Appellate Information

• Argued 12/01/2000
• Decided 01/26/2001
• Published 01/26/2001

Judges

• Before:  EDWARDS, Chief Judge, SENTELLE and RANDOLPH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Naikang Tsao argued the cause for petitioner.   With him on the briefs were Michael D. Fischer and Bradley D. Jackson., Ronald M. Spritzer, Attorney, U.S. Department of Justice, argued the cause for intervenors.   With him on the briefs were Lois J. Schiffer, Assistant Attorney General, and John T. Stahr, Attorney.


• For Appellees:
  
• Larry D. Gasteiger, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent.   With him on the briefs was John H. Conway, Acting Solicitor.