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Rhinelander Paper Co. v. Federal Energy Regulatory Comm'n

ELR Citation: 35 ELR 20079
Nos. No. 04-1133, (D.C. Cir., 04/12/2005)

The D.C. Circuit held that in renewing a company's license to operate a hydroelectric project, the Federal Energy Regulatory Commission (FERC) did not err in requiring the company to develop and implement a plan to monitor invasive plant species at the project. FERC has authority to require the plant control plan pursuant to the directive in Federal Power Act §10(j)(1) "to equitably protect, mitigate damages to, and enhance, fish and wildlife" that are "affected by" the company's "development, operation, and management of the project." Nor did FERC err in requiring the company to submit a land management plan sufficient to resolve FERC's concerns about modifying the project's boundary. FERC did not act arbitrarily or capriciously in requiring additional data about the specific location of the types of land to be removed to enable it to make an informed determination of which land to remove from the project boundary.