Aluminum Company Of America v. Bonneville Power Administration

56 F.3d 1075 40 ERC 2009 , Util. L. Rep. P 14,050 ALUMINUM COMPANY OF AMERICA; Columbia Falls Aluminum Company; Elf Atochem North America; Intalco Aluminum Corporation; Kaiser Aluminum & Chemical Corporation; Northwest Aluminum Company; Oregon Metallurgical Corporation; Reynolds Metals Company; Vanalco, Inc., Petitioners, Pacific Northwest Generating Cooperative; Public Power Council, Petitioners-Intervenors, v. BONNEVILLE POWER ADMINISTRATION, Respondent. No. 93-70857. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 6, 1995. Decided June 1, 1995. James Buchal, Ball, Janik & Novack, Portland, OR, for petitioners. Ellen J. Durkee, Dept. of Justice, Washington, DC, for respondent. Petition to Review a Decision of the Bonneville Power Administration. Before HALL, O'SCANNLAIN, and RYMER, Circuit Judges. O'SCANNLAIN, Circuit Judge: 1 In this third of three related cases, 1 we must decide whether a federal agency, the Bonneville Power Administration, acted arbitrarily and capriciously in augmenting river flows as a means of benefitting the salmon. 2 2 * The factual background is largely set forth in the second of these related cases, Idaho Department of…