ELR Citation: 55 ELR 20081
No(s). 23-593 and 24-1653 (9th Cir. Jun 26, 2025)

The Ninth Circuit denied environmental groups' challenge to the Bonneville Power Administration's (BPA's) decision to spend only 10% of its excess financial reserves on measures to protect fish and wildlife. The groups argued BPA violated its obligations under §4(h)(11)(A) of the Pacific Northwest Electric Power Planning and Conservation Act (NWPA), which requires BPA to exercise its responsibilities in a manner that provides equitable treatment for fish and wildlife and to take into account "to the fullest extent practicable" an environmental mitigation and protection program adopted by the Northwest Power and Conservation Council. The court held BPA's allocation of excess financial reserves was not subject to §4(h)(11)(A) because a separate provision of the NWPA—§4(h)(10)—specifically addresses BPA's use of excess financial reserves for fish and wildlife and does not require that fish and wildlife be put on equal footing with power; it also does not require BPA to prioritize the Council's program "to the fullest extent practicable." It denied the groups' petitions for review.