United States DC Circuit

Petitions for review of orders granting a conditional license to city to operate a hydroelectric project on the Skokomish River in the State of Washington are granted in part, without vacating the license, where FERC exceeded its statutory authority by placing a strict time restriction on responsibilities Congress delegated to other federal agencies.

Appellate Information

• Argued 03/27/2006
• Decided 08/22/2006
• Published 08/22/2006

Judges

• Before:  GINSBURG, Chief Judge, and ROGERS and BROWN, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Sam Kalen and Stephen H. Goodman, Jr. argued the cause for petitioners City of Tacoma, Washington and Save the Lakes Coalition.   With them on the briefs were Michael A. Swiger and Susan A. Moore., Mason D. Morisset argued the cause and filed the briefs for petitioner Skokomish Indian Tribe., Lisa E. Jones, Attorney, United States Department of Justice, argued the cause for intervenors the United States Department of Interior and the United States Department of Commerce.   With her on the brief was M. Alice Thurston, Attorney., Daniel H. Squire was on the brief for intervenors American Rivers, et al.


• For Appellees:
  
• John Katz, Deputy Associate General Counsel, Federal Energy Regulatory Commission, argued the cause for respondent.   With him on the brief were John S. Moot, General Counsel, and Robert H. Solomon, Solicitor.