Washington Trout v. Federal Energy Regulatory Commission

MEMORANDUM **

Washington Trout, Washington Environmental Council, and American Rivers (hereinafter collectively Washington Trout) petition for a review of orders of the Federal Energy Regulatory Commission, which dismissed their petition to it asking that it immediately formally confer with the National Marine Fisheries Service and that it take certain other actions forthwith. We dismiss the petition.

We do have jurisdiction to review orders issued by FERC. See 16 U.S.C. § 8251 (b). However, that jurisdiction is limited to final orders. See Sierra Club v. United States Nuclear Regulatory Comm’n, 825 F.2d 1356 , 1361-62 (9th Cir.1987); Steamboaters v. FERC, 759 F.2d 1382 , 1387-88 (9th Cir.1985). Beyond that, review is only permitted when the order will inflict irreparable harm and judicial review will not invade the agency’s exercise of its discretion. Id.; see also Acura of Bellevue v. Reich, 90 F.3d 1403, 1408 (9th Cir.1996). Absent final action by the agency, the petition to us is simply not ripe for judicial review. See Mount Adams Veneer Co. v. United States, 896 F.2d 339 , 343-44 (9th Cir.1989). In that regard, “[although an agency’s own characterization of its action as…