California Trout v. FERC, No. 07-73664

In a petition for review of the Federal Energy Regulatory Commission's denial of petitioner's motion to intervene in a license renewal proceeding, the petition is denied where 16 U.S.C. section 825g(a) allows the agency to differentiate among untimely interveners and permits the Commission to summarily reject a prospective intervener who cannot demonstrate "good cause" for its untimely motion.

Read California Trout v. FERC, No. 07-73664

Appellate Information

Argued and Submitted February 12, 2009

Filed July 20, 2009

Judges

Opinion by Judge Bybee

Dissent by Judge Gould

Counsel

For Petitioners:

Daniel P. Selmi, Los Angeles, CA

Amy J. Bricker, Los Angeles, CA

For Respondent:

Holly E. Cafer, Washington, DC

Katherine Henry, Washington, DC