Bpa
Idaho Conservation League v. Bonneville Power Administration
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…