Sierra Club v. Donald P. Hodel, as Administrator of the Bonneville Power Administration

This action was begun when the Sierra Club, the Washington Environmental Council, and the Colville Valley Environmental Council (hereafter referred to collectively as Sierra Club, plaintiff, or appellant) filed a complaint in the United States District Court for the Western District of Washington. Donald P. Hodel, Administrator of the Bonneville Power Administration (hereafter Administrator), was named as defendant. The suit sought a declaratory judgment that a contract entered into by the Administrator to supply electric power to Northwest Alloys’ proposed magnesium plant at Addy, Washington, was unlawful because it was executed in violation of the National Environmental Policy Act (NEPA), 42 U.S.C. § 4321 et seq., and Executive Order No. 11514. It further sought injunctive relief, costs, and attorneys’ fees.

The complaint alleged the interest of the plaintiffs in some detail, and their standing has not been questioned. The Bonneville Power Administration (BPA) is a federal agency created pursuant to the Act of August 20, 1937, 16 U.S.C. § 832 et seq. BPA is under the jurisdiction of the Department of the Interior.

Because the action was based upon the National Environmental…