LaFlamme v. FERC


Hydropower Reform Coalition


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Court CasesPublished   1/1/1991

945 F.2d 1124 (9th Cir. 1991) (LaFlamme II)

Issue 1. Can FERC rely on an EA to satisfy its duty to develop a comprehensive plan under § 10(a) of the FPA?
Holding. An EA that fully examines the effect of a project, including its cumulative
impacts combined with other projects and its consistency with state and regional
comprehensive plans, satisfies the FPA requirement that FERC consider all facts
relevant to the public interest in developing a comprehensive plan.

Issue 2. Did FERC make a mistake by refusing to consider some issues until post licensing?
Holding. FERC may allow the possibility of modifications to the requirements of the license based on the results of post-licensing monitoring.

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