ELR Citation: 55 ELR 20008
No(s). 23-1291 (D.C. Cir. Jan 14, 2025)

The D.C. Circuit denied a petition to review FERC's authorization of an owner's request to surrender its license for a hydroelectric project on the Salmon Falls River between New Hampshire and Maine. A conservation group initially requested rehearing of the authorization, arguing the two dams from the project should be removed as a condition of surrender. FERC denied the request and the group petitioned for review under the Federal Power Act and NEPA. The court found FERC reasonably determined dam removal was infeasible because local municipalities relied on the reservoir for key water needs, and that even if it were feasible, FERC appropriately considered removal as an alternative and rejected it because the local municipality benefits of keeping the dams outweighed the environmental and recreational benefits from removal. It denied the group's petition.