American Rivers v. Federal Energy Regulatory Commission

ORDER

American Rivers, the Northwest Environmental Defense Center, Oregon Natural Resources Council, Pacific Coast Federation of Fishermen’s Associations, Inc., Trout Unlimited, Institute for Fisheries Resources, the Federation of Fly Fishers, and the Sierra Club (“petitioners”) petition this court to review the alleged refusal of the Federal Energy Regulatory Commission (“FERC”) to initiate consultation pursuant to section 7(a)(2) of the Endangered Species Act, 16 U.S.C. § 1536 (a)(2), with National Marine Fisheries Service on FERC’s ongoing regulatory au *897 thority over Idaho Power Company’s operations of the Hell’s Canyon Complex.

Petitioners filed their petition, styled “Petition to Initiate Consultation Under the Endangered Species Act,” pursuant to 18 C.F.R. § 385.207 (a)(5), on November 21, 1997. The petition asserted that if the FERC did not take action within thirty days, petitioners would consider their petition denied. The FERC having failed to respond, petitioners, on December 30, 1998, filed a request, styled “Request for Rehearing of Constructive Order Denying Petition to Initiate Consultation Under the Endangered Species Act.” In response, FERC, on January…