American Rivers, et al. v. Federal Energy Regulatory Commission
United States Court of Appeals for the Ninth Circuit
201 F.3d 1186 (1999)
Relevant factsFree
FERC (defendant) issued a hydropower license without including all fish-and-wildlife conditions and fishway prescriptions submitted by state and federal agencies under §§ 10(j)(1) and 18 of the Federal Power Act; environmental groups (plaintiffs) challenged FERC's authority to reject or modify either type of submission, noting § 10(j)(2) contains an express qualifying clause letting FERC reject inconsistent conditions, while § 18 contains no such clause.
IssueFree
Whether the Federal Energy Regulatory Commission may object to agency licensing conditions imposed under § 10(j)(1) of the Federal Power Act.
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