Legal Opinion

Bear Lake Watch, Inc. v. Federal Energy Regulatory Commission

Court of Appeals for the Ninth Circuit

Decided March 27, 2003No. 02-70660PublishedCited by 1 opinion

1Opinion of the Court

OPINION

FERNANDEZ, Circuit Judge:

The Federal Energy Regulatory Commission decided that because a reservoir was not necessary or appropriate to the operation of power projects, it did not have jurisdiction over that reservoir, even though it did have jurisdiction over the power projects themselves.1 Bear Lake Watch, Inc. disagreed with that decision, and has petitioned for review of it. We deny the petition.

BACKGROUND

In 1909, Telluride Power Company began action to develop Bear Lake as a reservoir, and in 1911 to 1912 it obtained the right to direct water from Bear River into the lake. Water is…

2Cases cited14 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Marsh v. Oregon Natural Resources CouncilSupreme Court of the United States · 1989
  3. Brookfield Communications, Inc. v. West Coast Entertainment CorporationCourt of Appeals for the Ninth Circuit · 1999
  4. Greenpeace Action v. FranklinCourt of Appeals for the Ninth Circuit · 1993
  5. In Re Fred Lowenschuss, Debtor. Resorts International, Inc. v. Fred LowenschussCourt of Appeals for the Ninth Circuit · 1995

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3Cited by1 opinion

  1. Bear Lake Watch, Inc. v. Federal Energy Regulatory CommissionCourt of Appeals for the Ninth Circuit · 2003

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