ELR Citation: 53 ELR 20007
No(s). 22-35000 (9th Cir. Dec 30, 2022)

The Ninth Circuit affirmed a district court's denial of a Native American tribe's motion to remand to state court, and the dismissal of, its challenge to the city of Seattle's operation of a dam on the Skagit River. The tribe initially sued Seattle in state court, alleging that operation of the dam without fish passage facilities violated federal and state laws. Seattle removed the suit to federal court. The district court denied the tribe's motion to remand, finding it had jurisdiction because the complaint raised substantial federal questions, and granted Seattle's motion to dismiss under the Federal Power Act (FPA). The appellate court held the city properly removed the suit because the tribe's right to relief depended on a substantial question of federal law, and it affirmed the district court's dismissal because the complaint was subject to FPA §313(b), which vests exclusive jurisdiction in the federal courts of appeals over objections to FERC orders by a party to a FERC proceeding.