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United States DC Circuit


CHIPPEWA & FLAMBEAU IMPROVEMENT CO. v. FED. ENERGY REGULATORY COMM'N, 01-1329

The FERC properly determined that a reservoir was "necessary or appropriate" to a project, and that projects downstream constituted a complete unit of development, so that a license for the reservoir was required under the Federal Power Act.

Appellate Information

  • Argued 11/18/2002
  • Decided 04/18/2003
  • Published 04/18/2003

Judges

  • Before:  GINSBURG, Chief Judge, and EDWARDS and GARLAND, Circuit Judges.

Court

  • United States DC Circuit

Counsel

  • For Appellant:
  • John A. Whittaker IV argued the cause for petitioner.   With him on the briefs was William J. Madden Jr.

  • For Appellees:
  • Robert H. Solomon, Associate Solicitor, Federal Energy Regulatory Commission, argued the cause for respondent.   With him on the brief were Cynthia A. Marlette, General Counsel, and Dennis Lane, Solicitor.
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