ELR Citation: ELR 20173
No(s). 05-1054 (D.C. Cir. Aug 22, 2006)

The court partially grants petitions for review of Federal Energy Regulatory Commission (FERC) orders granting a conditional license to a city to operate a hydroelectric project on the Skokomish River in the state of Washington, but it does not vacate the license. FERC exceeds its statutory authority under the Federal Power Act by requiring the U.S. Department of the Interior (DOI) to meet a tight deadline for submitting licensing conditions on actions taking place on a Native American reservation. When two or more federal agencies have shared authority to impose license conditions, they can certainly agree on an appropriate time frame to govern the process. FERC, however, has no authority to impose a 60-day limitation unilaterally, thereby effectively stripping the DOI of its statutorily delegated authority. Nevertheless, the court refuses to vacate the license on this ground because vacating the license would likely have greater adverse impact on water quality than leaving the license in place. On remand, FERC must determine whether to include the DOI's conditions in the license. The court denies the remaining petitions for review, which involve, among other things, claims that FERC violates the Clean Water Act, the Coastal Zone Management Act, the National Historic Preservation Act, and interagency consultation requirements.