United States DC Circuit

Petition for review of an FERC decision that the grant of an easement for a wastewater discharge pipe and permission to build a seawall violated the license of an operator of a hydroelectric project is denied where: 1) FERC's responsibilities with respect to proposed remedies extended no further than its obligations under the license it granted to the project's operator, and the agency did not violate the National Environmental Policy Act, the National Historic Preservation Act or the Clean Water Act; 2) FERC's manner of enforcing the license was reasonable and in accordance with law; and 3) FERC provided petitioners with ample notice and opportunity to participate in the proceedings.

Appellate Information

• Argued 01/07/2008
• Decided 04/15/2008
• Published 04/15/2008

Judges

• Before:  RANDOLPH and GRIFFITH, Circuit Judges, and EDWARDS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Eliehue Brunson argued the cause and filed the briefs for petitioners., Inez Y. Kaiser, pro se, filed a brief as intervenor in support of petitioner., Charles A. Zdebski argued the cause and filed the brief for intervenor Union Electric Company.


• For Appellees:
  
• Samuel Soopper, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent.   With him on the brief were Cynthia A. Marlette, General Counsel, and Robert H. Solomon, Solicitor.  John S. Moot, Attorney, entered an appearance.