ELR Citation: 41 ELR 20058
No(s). 09-1134 (D.C. Cir. Dec 28, 2010)

The D.C. Circuit denied a Native American tribe's petition challenging FERC's decision declining to impose conditions on a utility's annual licenses for a hydroelectric plant in order to preserve the Klamath River's trout fishery. Contrary to the tribe’s argument, FERC quite plainly articulated and applied a standard in rejecting the tribe’s claims. In addition, FERC's “unanticipated, serious impacts” standard to guide its interim conditions analysis is consistent with the applicable regulation—18 C.F.R. §16.18(d). In addition, FERC’s decision that the project was not causing unanticipated, serious impacts had sufficient factual support in the record.