Legal Opinion

National Wildlife Federation v. Federal Energy Regulatory Commission, the City of Fort Smith, Arkansas, Intervenor

Court of Appeals for the D.C. Circuit

Decided July 31, 1990No. 88-1697PublishedCited by 36 opinions

1Opinion of the Court

Opinion for the Court filed PER CURIAM.

2Per curiam

The National Wildlife Federation, et al. (“NWF”) petitions for review of orders of the Federal Energy Regulatory Commission (“FERC” or “the Commission") granting to the City of Fort Smith, Arkansas, (“Fort Smith”) a license for the construction and operation of a dam on Lee Creek, near the Arkansas-Oklahoma border. Because a small hydroelectric powerhouse was to be built along the dam, FERC jurisdiction attached to the project which was undertaken primarily to satisfy the water-supply needs of Fort Smith. The questions presented for review are whether…

3Cases cited10 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Kleppe v. Sierra ClubSupreme Court of the United States · 1976
  3. International Paper Co. v. OuelletteSupreme Court of the United States · 1987
  4. Natural Resources Defense Council, Inc. v. Rogers C. B. Morton, in His Official Capacity as Secretary of the Department of InteriorCourt of Appeals for the D.C. Circuit · 1972
  5. Scientists' Institute for Public Information, Inc. v. Atomic Energy CommissionCourt of Appeals for the D.C. Circuit · 1973

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4Cited by36 opinions

  1. County of Amador v. El Dorado County Water AgencyCalifornia Court of Appeal · 1999
  2. Society Hill Towers Owners' Association v. Edward G. RendellCourt of Appeals for the Third Circuit · 2000
  3. American Rivers Pacific Rivers Council Oregon Natural Resources Council Waterwatch of Oregon and Friends of the Earth, United States Department of Interior, Petitioner-Intervenor v. Federal Energy Regulatory Commission, Eugene Water and Electric Board, Respondent-Intervenor. Oregon Department of Fish and Wildlife v. Federal Energy Regulatory Commission, Eugene Water and Electric Board, Respondent-IntervenorCourt of Appeals for the Federal Circuit · 1999
  4. Friends of the Ompompanoosuc, State of Vermont v. Federal Energy Regulatory CommissionCourt of Appeals for the Second Circuit · 1992
  5. State of North Carolina v. Federal Energy Regulatory Commission, the City of Virginia Beach, Virginia, IntervenorCourt of Appeals for the D.C. Circuit · 1997

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