Idaho Rivers United v. Federal Energy Regulatory Commission

MEMORANDUM *

The petitioners seek review of the Federal Energy Regulatory Commission’s (“FERC”) relicensing of five hydroelectric projects located on the Snake River and operated by respondent-intervenor Idaho Power Company (“IPC”). 1 The petitioners essentially seek to have the projects strictly controlled in a manner that allows the river to run free without reserving river water in reservoirs for later hydroelectric generation, which causes fluctuations to the river’s water levels. They claim that such fluctuations jeopardize the continued existence of white sturgeon and three species of endangered or threatened snails. They request that we vacate the new licenses and remand the matter for FERC to consider additional evidence of the projects’ effects on fish and wildlife. We have jurisdiction under the Federal Power Act to review FERC’s final orders, 16 U.S.C. § 825Z (b), and we deny the petition.

1. FERC and respondent-intervenor United States Fish and Wildlife Service (“FWS”) question whether the petitioners have Article III standing to seek review of the license orders and, more specifically, whether the petitioners have made a showing of particularized injury. A party…