Bpa

Idaho Conservation League v. Bonneville Power Administration

Good Law
826 F.3d 1173·2016 WL 3430538·82 ERC (BNA) 1788·2016 U.S. App. LEXIS 11175
United States Court of Appeals for the Ninth CircuitJune 21, 201612-70338California2,549 words

Opinion

Opinion

Kozinski, J.

Operated by the Army Corps of Engineers (Corps), the Albeni Falls Dam helps provide power to the Pacific Northwest. The Bonneville Power Administration (BPA) is charged with marketing the power generated from the dam. In 2011, the agencies decided to change how they operated the dam during the winter months. We consider whether they complied with the National Environmental Policy Act (NEPA) when they finalized this decision without preparing an environmental impact statement.

FACTS

The Albeni Falls Dam straddles the Pend Oreille River, which connects Lake Pend Oreille and the Columbia River. Completed in 1957 as part of the Federal Columbia River Power System, it is jointly managed by the Corps, BPA and the Bureau of Reclamation. Like other dams in the System, the Albeni Falls Dam is operated to balance a variety of competing objectives, such as flood control, power generation, navigation and wildlife conservation.

Lake Pend Oreille serves as the dam’s reservoir. When water is released from the lake, it drives turbines that generate electricity. This decreases the reservoir’s depth and causes its shoreline to recede. For decades, the Corps maintained the flexibility to…

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