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Article: Environmental considerations in hydroelectric licensing: California v. FERC (Dynamo Pond). (Federal Energy Regulatory Commission) (1992 Ninth Circuit Environmental Review)
- Article from:
- Environmental Law
- Article date:
- July 1, 1993
- Author:
CopyrightCOPYRIGHT 1993 Lewis & Clark Northwestern School of Law. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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I. Introduction
The Ninth Circuit's decision in California v. FERC (Dynamo Pond),(1) is representative of the continuing conflicts between the Federal Energy Regulatory Commission (FERC) and state and federal natural resource agencies within the hydroelectric licensing process.(2) Hydroelectric licensing has been, for all practical purposes, FERC's exclusive domain. However, environmental legislation enacted over the past three decades has attempted to alter the balance of power to insure that environmental concerns are addressed during the licensing process. The litigation surrounding Henwood Associates' application for a minor hydroelectric license at Dynamo ...