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Save Our Sebasticook v. Federal Energy Regulatory Comm

Citation: 35 ELR 20247
No. No. 04-1221, (D.C. Cir., 12/09/2005)

The court dismisses in part and denies in part a petition for judicial review of the Federal Energy Regulatory Commission's decision to allow an owner and operator of a hydroelectric project on the Sebasticook River in Maine to surrender its license and breach a dam. Nearby landowners complained that breaching the dam would drain the century-old reservoir behind it, diminishing property values and depriving them of the reservoir's recreational benefits. Three of their claims, however, were not properly raised before the court and, thus, were jurisdictionally barred. And as for their fourth claim, the licensee cannot be compelled to operate the project.