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Confederated Tribes and Bands of the Yakima Indian Nation v. Federal Energy Regulatory Commission

746 F.2d 466 (1984)

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Confederated Tribes and Bands of the Yakima Indian Nation v. Federal Energy Regulatory Commission

United States Court of Appeals for the Ninth Circuit
746 F.2d 466 (1984)

  • Written by Robert Cane, JD

Facts

The Federal Energy Regulatory Commission (FERC) (defendant) granted a new license for the operation of the Rock Island Hydropower Project (Rock Island project). The project was the first to include a dam that spanned the Columbia River. The Rock Island Dam had a significant impact on the anadromous fish runs (salmon and trout). The dam implemented methods like fish ladders to assist adult fish migrating upstream. However, the dam did not ensure juvenile fish could pass through the dam. As a result, many juvenile fish died trying to pass the dam. Chelan County Public Utility District No. 1 (Chelan) applied for a new license for the Rock Island project because its existing license was expiring. FERC granted the new license without requiring Chelan to submit a fish-and-wildlife report as required by FERC regulation, and it deferred consideration of fish-protection issues to a subsequent proceeding. The National Marine Fisheries Service of the Department of Commerce, the Washington State Departments of Fisheries and Game, the National Wildlife Federation, and the Confederated Tribes and Bands of the Yakima Indian Nation (plaintiffs) filed a petition in the court of appeals for review.

Rule of Law

Issue

Holding and Reasoning (Anderson, J.)

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