United States DC Circuit
Save Our Sebasticook v. Fed. Energy Regulatory Comm'n, 04-1221
Petition for judicial review of a decision by agency defendant allowing an owner and operator of a hydroelectric project to surrender its license and breach a dam is dismissed in part and denied in part where three of petitioners' claims were jurisdictionally barred and the licensee can not be compelled to operate the project.
Appellate Information
- Argued 10/14/2005
- Decided 12/09/2005
- Published 12/09/2005
Judges
- Before: GINSBURG, Chief Judge, and HENDERSON and RANDOLPH, Circuit Judges.
Court
- United States DC Circuit
Counsel
- For Appellant:
- Anthony W. Buxton argued the cause for petitioner. With him on the briefs was Linda S. Lockhart., John L. Smeltzer and Anna T. Katselas, Attorneys, U.S. Department of Justice, were on the brief for intervenor United States Department of the Interior., Charles Owen Verrill, Jr., M. Evan Corcoran, and Sarah E. Tomalty were on the brief for intervenors American Rivers, et al.
- For Appellees:
- Lona T. Perry, 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.