United States Department of Commerce v. Federal Energy Regulatory Commission, the Nez Perce Tribe v. Federal Energy Regulatory Commission, National Wildlife Federation Idaho Wildlife Federation v. Federal Energy Regulatory Commission

36 F.3d 893 39 ERC 1726 , 63 USLW 2227 , 24 Envtl. L. Rep. 21,530 UNITED STATES DEPARTMENT OF COMMERCE, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. The NEZ PERCE TRIBE, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. NATIONAL WILDLIFE FEDERATION; Idaho Wildlife Federation, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Nos. 93-70282, 93-70284 and 93-70287. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 9, 1994. Decided Oct. 5, 1994. John T. Stahr, U.S. Dept. of Justice, Environment and Natural Resources Div., Washington, DC, for petitioner U.S. Dept. of Commerce. Douglas Nash, The Nez Perce Tribal Executive Committee Office of Legal Counsel, Lapwai, Idaho, for petitioner Nez Perce Tribe. Peter M.K. Frost, National Wildlife Federation, Portland, OR, for petitioners National Wildlife Federation and Idaho Wildlife Federation. Samuel Soopper, Federal Energy Regulatory Com'n, Washington, DC, for respondent F.E.R.C. Petitions for Review of a Decision of the Federal Energy Regulatory Commission. Before: NORRIS, THOMPSON and TROTT, Circuit Judges. Opinion by Judge THOMPSON; Dissent by Judge TROTT. DAVID R.…