Rivers
Rivers v. Commission
Opinion
Lead Opinion
Wardlaw, J.
ORDER
The Opinion filed August 11, 1999, slip op. 8973, and appearing at 187 F.3d 1007 (9th Cir.1999), is amended as follows:
With this amendment, the panel has voted unanimously to deny the petitions for rehearing of respondent Federal Energy Regulatory Commission, petitioners American Rivers et al., respondent-intervenor Eugene Water and Electric Board, and the federal intervenors. Judges McKeown and Wardlaw have voted to reject the suggestions for rehearing en banc of respondent Federal Energy Regulatory Commission, petitioners American Rivers et al., and respondent-intervenor Eugene Water and Electric Board, and Judge Leavy has so recommended.
The full court has been advised of the suggestions for rehearing en banc and no active judge has requested a vote on whether to rehear the matter en banc. Fed. R.App. P. 35.
The petitions for rehearing are DENIED and the suggestions for rehearing en banc are REJECTED.
OPINION
At stake in these consolidated petitions is the continued operation of two hydro *1190 electric power facilities located in Lane County, Oregon along a twenty-five mile stretch of the McKenzie River. The petitioners, 1 a coalition of conservation/environmental…