American Rivers v. Federal Energy Regulatory Commission

At stake in these consolidated petitions is the continued operation of two hydroelectric power facilities located in Lane County, Oregon along a twenty-five mile stretch of the McKenzie River. The petitioners, 1 a coalition of conservation/environmental organizations and the Oregon Department of Fish and Wildlife, challenge the decision of the Federal Energy Regulatory Commission (“FERC” or the “Commission”) to reissue a hydropower license to the incumbent licensee, the Eugene Water and Electric Board (“EWEB”). 2 Specifically, the petitioners contend that the Commission granted the disputed license (i) without conducting the requisite environmental analysis under relevant provisions of the Federal Power Act (“FPA”), 16 U.S.C. § 791a et seq., and the National Environmental Policy Act (“NEPA”), 42 U.S.C. § 4321 et seq., and (ii) in violation of sections 10(j) and 18 of the FPA. For the reasons set forth below, we grant in part and deny in part the petitions for review.

I

The license under review authorizes the continued operation of the 14.5-megawatt Leaburg Hydroelectric Project and the 8-megawatt Walterville Hydroelectric Project for a duration of 40 years. See Eugene Water &…