The Tulalip Tribes of Washington v. Federal Energy Regulatory Commission, Upper Skagit Indian Tribe v. Federal Energy Regulatory Commission, National Wildlife Federation v. Federal Energy Regulatory Commission

732 F.2d 1451 The TULALIP TRIBES OF WASHINGTON, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. UPPER SKAGIT INDIAN TRIBE, et al., Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. NATIONAL WILDLIFE FEDERATION, et al., Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Nos. 83-7139, 83-7140 and 83-7149. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 9, 1984. Decided May 10, 1984. Allen H. Sanders, James H. Jones, Bell & Ingram, P.S., Everett, Wash., Robert L. Otsea, Jr., Seattle, Wash., Christopher H. Meyer, Washington, D.C., for petitioners. Joshua Z. Rokach, F.E.R.C., Washington, D.C., for respondent. 1 On Petition for Review of Orders of the Federal Energy Regulatory Commission. 2 Before WRIGHT and HUG, Circuit Judges, and EAST, * District Judge. EAST, Senior District Judge: 3 Petitioners challenge the Federal Energy Regulatory Commission's final rule authorizing case-specific exemptions from federal licensing requirements for small hydroelectric projects that use "diversion structures" no taller than ten feet and impound no more than two acre-feet of water. We hold that the rule violates the Public…