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United States DC Circuit


Eastern Niagara Pub. Pwr. Alliance & Pub. Pwr. Coal. v. FERC, 07-1472

Petitioner's petition for review of the Federal Energy Regulatory Commission's (FERC) approval of a state agency's license to operate a power project is denied, where FERC's decision to issue the license was reasonable and reasonably explained.

Appellate Information

  • Argued 02/09/2009
  • Decided 03/13/2009
  • Published 03/13/2009

Judges

  • Before HENDERSON, BROWN and KAVANAUGH, Circuit Judges.

Court

  • United States DC Circuit

Counsel

  • For Appellant:
  • Carolyn Elefant argued the cause for petitioners.   With her on the briefs was Paul V. Nolan.

  • For Appellees:
  • Robert M. Kennedy Jr., 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., Jay T. Ryan and Charles R. Sensiba were on the brief for intervenor Power Authority of the State of New York in support of respondent.
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