United States DC Circuit

In a petition for review of the Federal Energy Regulatory Commission's decision declining to impose conditions on a utility's annual licenses so as to preserve the Klamath River's trout fishery, the petition is denied where: 1) the Commission quite plainly articulated and applied a standard in rejecting the Tribe's claims; and 2) the Commission's determination that the utility was not causing "unanticipated, serious impacts" had sufficient factual support in the record.

Appellate Information

• Decided 12/28/2010
• Published 12/28/2010

Judges

• Brett Kavanaugh

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Thane D. Somerville, Samuel Soopper