Alabama Rivers Alliance v. FERC

American Rivers v. FERC (II)

Issue 1. Does the FPA require FERC to consider a pre-project baseline for purposes of environmental review?
Issue 2. Does FERC have to consider denial of license as an action alternative?
Issue 3. Can FERC reject or modify a section 10(j) recommendation?
Issue 4. Can FERC reject a fishway prescription made pursuant to FPA § 18?

Alabama Rivers Alliance v. FERC

North Carolina v. FERC

Issue. Should FERC have required the licensee to obtain a water quality certification prior to granting a license amendment that would decrease the volume of a pre-existing discharge?