
PUD No. 1 of Jefferson County v. Washington Dept. of Ecology
Issue. Did the Department properly condition the water quality certification for the project on the maintenance of minimum stream flows to protect salmon and steelhead runs?
Issue. Did the Department properly condition the water quality certification for the project on the maintenance of minimum stream flows to protect salmon and steelhead runs?
Issue. Does FERC have authority to unilaterally impose conditions for the protection of the environment on annual licenses when the original license does not contain an express reservation of modification authority, i.e., a re-opener clause?
Issue 1. Can FERC rely on an EA to satisfy its duty to develop a comprehensive plan under § 10(a) of the FPA?
Issue 1. Did FERC’s failure to consider the environmental impacts of Phase II of the project violate § 10(a)(1) of the Federal Power Act (FPA)?
Issue. Does FERC have exclusive jurisdiction to determine the minimum flow schedule for a hydropower project?