Brady v. Federal Energy Regulatory Commission

Opinion for the Court filed by Circuit Judge ROBERTS.

Concurring opinion filed by Senior Circuit Judge WILLIAMS.

ROBERTS, Circuit Judge.

An Oklahoma agency licensed by the Federal Energy Regulatory Commission to operate a hydroelectric project applied for a license amendment to permit the expansion of a commercial marina located on project property. FERC approved the *3amendment over the opposition of petitioners — two lakefront homeowners — who argued that the expansion was not in the public interest. In particular, they maintained that the cove where the marina is located had exceeded its…