Mountain Rhythm Resources v. Federal Energy Regulatory Commission

Mountain Rhythm Resources, Mountain Water Resources, and Watersong Resources (collectively “Mountain Rhythm Companies”) petition for review of Federal Energy Regulatory Commission (FERC) orders dismissing their respective applications for licenses to build hydroelectric *960 plants. Because the proposed projects were located in Washington’s coastal zone, FERC needed the State of Washington to certify that the projects were consistent with the state’s Coastal Zone Management Program before FERC could consider the license applications. The State of Washington, in turn, required approval from the county where the projects were sited before it would consider whether to certify the projects’ consistency with state coastal protection. Mountain Rhythm Companies declined to apply for county approval, despite being advised by the State of Washington and by FERC that a county Shoreline Management Act (SMA) permit was needed to process the state certifications. In the absence of state certifications, FERC dismissed the hydropower license applications. We deny the petitions for review.

I.

We start with the fundamental proposition that “[t]he Federal Power Act (‘FPA’) requires that a party…