ELR Citation: ELR 21167
No(s). 90-1397 (D.C. Cir. Apr 17, 1992)

The court holds that the Federal Energy Regulatory Commission (FERC) reasonably exercised its authority to impose wildlife protective conditions and flow rates in the annual licenses issued to two hydroelectric power facilities. Pursuant to the court's previous decision, FERC amended one license and sought voluntary cooperation from another licensee to prevent irreversible environmental damage to endangered or threatened bird species' habitats near the Platte River in central Nebraska. The court holds that FERC engaged in reasoned decisionmaking by conducting an eight-month inquiry into the need for interim wildlife protective conditions and by visiting the project sites in the company of the interested parties. The court holds that challenges by several environmental organizations lack merit or are procedurally flawed. The court further holds that FERC may impose more stringent environmental conditions when it grants new licenses to the facilities, but alteration of annual licenses is by mutual agreement only.

[The court's previous decision is published at 19 ELR 20883.]

Counsel for Petitioner
William Maxwell Hathaway
Brand & Lowell
923 15th St. NW, Washington DC 20005
(202) 662-9700

Counsel for Respondent
Samuel Soopper
Federal Energy Regulatory Commission
825 N. Capitol St. NE, Rm. 3000, Washington DC 20426
(202) 208-0177

Before: EDWARDS, SILBERMAN, and HENDERSON, Circuit Judges.