Petition for review of several orders and notices issued by the Federal Energy Regulatory Commission during the proceedings to relicense the School Street Hydroelectric Project is denied in part and granted in part where: 1) co-petitioner Adirondack Hydro Development Corporation lacks standing to challenge any of the orders or notices issued in the administrative proceedings, as none of the injuries identified by Adirondack are sufficient to satisfy the injury-in-fact requirement of the standing analysis; and 2) the FERC abused its discretion and acted acted arbitrarily and capriciously when it denied petitioner Green Island’s motion to intervene without first considering whether the settlement offer materially amended the School Street license application.
Read Green Island Power Authority v. FERC, No. 07-1737
Appellate InformationAppeal from the Federal Energy Regulatory Commission. Argued December 19, 2008Decided August 10, 2009
JudgesBefore SACK and KATZMANN, Circuit Judges. Opinion by KATZMANN, Circuit Judge.
CounselFor Petitioner: FRANCES E. FRANCIS, Spiegel & McDiarmid, LLP, Washington, D.C.
For Respondent: HOLLY E. CAFER, Federal Energy Regulatory Commission, Washington, D.C.
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