United States DC Circuit

Plaintiff unsuccessfully petitions for review of defendant's orders conditioning its hydroelectric license, per the Federal Power Act, on various conditions for fishways prescribed by the Secretary of the Interior. Any challenge plaintiff may have to potential costs of fishway devices is not ripe.

Appellate Information

• Argued 02/23/2004
• Decided 04/06/2004
• Published 04/06/2004

Judges

• Before:  RANDOLPH, ROGERS and TATEL, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Michael C. Griffen argued the cause and filed the briefs for petitioner., Ronald M. Spritzer, Attorney, U.S. Department of Justice, argued the cause for intervenor United States Department of the Interior.   With him on the brief was Andrew C. Mergen, Attorney.  Mary A. Thurston, Attorney, entered an appearance., Peggy A. Lautenschlager, Attorney General, Attorney General's Office of the State of Wisconsin, and Philip Peterson, Assistant Attorney General, were on the brief for intervenor State of Wisconsin.


• For Appellees:
  
• Beth G. Pacella, 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.