LaFlamme v. FERC

Court cases

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.

Contributed by:

Hydropower Reform Coalition


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Related resource

Court cases

Platte River Whooping Crane Critical Habitat Maintenance Trust v. FERC

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?

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