LaFlamme v. FERC

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852 F.2d 389 (9th Cir. 1988) (LaFlamme I)

Issue 1. When does FERC have to prepare an Environmental Impact Statement (EIS) for a project?
Holding. If there are substantial questions whether a project may have a significant
effect on the human environment, an EIS must be prepared.

Issue 2. Can FERC rely on partial analyses of impacts from other projects in the basin,or does it have to prepare a cumulative impact analysis?
Holding. A single project’s EIS does not provide the necessary comprehensive analysis
of the cumulative impact of all projects in the area, and thus does not satisfy FERC’s
duty to prepare a cumulative impact analysis.

Issue 3. Did FERC’s examination of a project’s economic feasibility and its impacts on some resources satisfy the requirement to develop a comprehensive plan?
Holding. A comprehensive plan is not established where FERC fails to analyze a project’s relationship to the entire water system of which it is a part and its relationship to other projects in the basin.

Related resource

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National Wildlife Federation v. FERC

Issue 1. Did FERC’s failure to consider the environmental impacts of Phase II of the project violate § 10(a)(1) of the Federal Power Act (FPA)?

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Contributed by:
Hydropower Reform Coalition

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