Legal Opinion
Muckleshoot Indian Tribe v. Federal Energy Regulatory Commission, City of Seattle, Respondent-Intervenor
Court of Appeals for the Ninth Circuit
Decided May 19, 1993No. 91-70519PublishedCited by 6 opinions
1Opinion of the Court
EUGENE A. WRIGHT, Circuit Judge:
We consider whether the Cedar River is navigable within the meaning of the Federal Power Act, 16 U.S.C. §§ 791-825r (1988), thereby giving the Federal Energy Regulatory Commission licensing jurisdiction over Seattle’s Cedar Falls Project. Presently, this city-owned hydroelectric project operates without a federal license. The Muckleshoot Indian Tribe appeals FERC’s finding that it lacks licensing jurisdiction under 16 U.S.C. §§ 797(e) and 817(1) because the river is nonnavigable. We have jurisdiction of FERC.’s final order under 16 U.S.C. § 8252(b). We affirm.
FA…
2Cases cited10 opinions
- United States v. L. A. Tucker Truck Lines, Inc.Supreme Court of the United States · 1952
- The Daniel BallSupreme Court of the United States · 1871
- United States v. Appalachian Electric Power Co.Supreme Court of the United States · 1941
- United States v. UtahSupreme Court of the United States · 1931
- The Steamboaters, an Oregon Non-Profit Corporation v. Federal Energy Regulatory, Commission, Kenneth Plumb, Secretary of Ferc, Winchester Water Control District, and Elektra Power Corporation, Winchester Water Control District and Elektra Power Corporation, Intervenors. Malcolm Baldrige, Secretary of Commerce v. Federal Energy Regulatory Commission, Winchester Water Control District and Elektra Power Corporation, IntervenorsCourt of Appeals for the Ninth Circuit · 1985
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3Cited by6 opinions
- 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
- High Country Resources and Glacier Energy Company v. Federal Energy Regulatory CommissionCourt of Appeals for the Ninth Circuit · 2001
- Rivers v. CommissionCourt of Appeals for the Ninth Circuit · 2000
- Center for Biological Diversity v. LubchencoDistrict Court, N.D. California · 2010
- American Rivers v. Federal Energy Regulatory CommissionCourt of Appeals for the Ninth Circuit · 1999
1 more not listed; retrieve them via the Exa API.