Platte River Whooping Crane Critical Habitat Maintenance Trust v. FERC
Issue. Did FERC abuse its discretion in refusing to undertake any inquiry into the need to include environmental protective conditions in the Districts’ annual licenses?
Issue. Did FERC abuse its discretion in refusing to undertake any inquiry into the need to include environmental protective conditions in the Districts’ annual licenses?
Issue 1. When does FERC have to prepare an Environmental Impact Statement (EIS) for a project?
Issue 1. Can FERC reject the Secretary’s 4(e) conditions?
Issue 1. Given the presence of an endangered species that would be destroyed by completion of a hydropower project, would completion of the project violate the ESA?