081390P.pdf   10/23/2008  Missouri Coalition for the Env  v.  FERC
   U.S. Court of Appeals Case No:  08-1390
   Federal Energy Regulatory Commission   
   [PUBLISHED] [Benton, Author, with Murphy and Arnold, Circuit Judges]
   Petition for Review - National Environmental Policy Act. Petition for
   review of FERC order authorizing reconstruction of the Taum Sauk
   Pumped Storage Project is denied. Missouri Parks Association lacks
   standing to petition for review because it did not request rehearing before
   the agency. Missouri Coalition for the Environment has Article III
   standing because any risk to environmental harm is germane to its
   mission, but may only raise cumulative impact claim because it did not
   assert other claims in its rehearing petition before the agency. Because
   reconstruction will not influence the relicensing operation, relicensing is
   not a reasonably foreseeable future action, and FERC decision not to
   include impact of relicensing operation in its environmental assessment
   of reconstruction was not arbitrary or capricious.