Platte River Whooping Crane Critical Habitat Maintenance Trust v. FERC


Hydropower Reform Coalition


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Court CasesPublished   1/1/1992

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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