Keating v. FERC

Submitted to this collection by:

Hydropower Reform Coalition

 

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Court cases Published   1/1/1997

114 F.3d 1265 (D.C. Cir. 1997)

Issue. Can FERC rely on objectives contained in a forest plan to determine whether a proposed project will be consistent with the purposes for which the national forest was created?
Holding. FERC may not rely on a Forest Service evaluation, as contained in a forest plan, to determine whether a project would be consistent with the purposes for which the national forest was created. The “consistency” provision contained in FPA § 4(e)
requires FERC to ask and answer 2 questions: (1) for what purposes was the Inyo
National Forest created, and (2) would the proposed project interfere with or be
inconsistent with those purposes.

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