Platte River Whooping Crane Critical Habitat Maintenance Trust v. FERC

Court cases, Laws, court cases, pleadings

962.2d 27 (1992) (Platte River II)

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?
Holding. FERC may not unilaterally impose conditions on annual licenses where the original licenses do not contain re-opener provisions.

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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?

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Contributed by:
Hydropower Reform Coalition

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