United States DC Circuit

FERC's finding that the stream on which a hydroelectric facility is located is "navigable" under the Federal Power Act, 16 U.S.C. section 796(8), for licensing purposes, was supported by substantial evidence, including test canoe trips and analysis of the stream's characteristics.

Appellate Information

• Argued 03/14/2002
• Decided 05/03/2002
• Published 05/06/2002

Judges

• Before:  SENTELLE, ROGERS and GARLAND, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Catherine R. Connors argued the cause for petitioner.   With her on the briefs was Matthew D. Manahan., Cynthia L. Amara was on the brief for amici curiae Clifton Power Corporation and New England Legal Foundation in support of petitioner., Daniel H. Squire and IJay Palansky were on the brief for intervenors American Rivers, et al.


• For Appellees:
  
• Laura J. Vallance, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent.   With her on the brief were Cynthia A. Marlette, General Counsel, and Dennis Lane, Solicitor.