Jump to Navigation
Jump to Content

Duncan's Point Lot Owners Ass'n v. Federal Energy Regulatory Comm'n

ELR Citation: 38 ELR 20089
Nos. No. 05-1421, (D.C. Cir., 04/15/2008)

The D.C. Circuit held that the Federal Energy Regulatory Commission (FERC) did not violate the National Environmental Policy Act, the Clean Water Act, the National Historic Preservation Act, or residents' due process rights in its treatment of a hydroelectric project operator that violated its license in granting a developer an easement for a wastewater discharge pipe and permission to build a seawall. FERC's responsibilities with respect to the discharge pipe and the seawall extended no further than its obligations under the license it granted to the operator. In addition, FERC's manner of enforcing the license was reasonable and in accordance with thte law. And FERC provided the residents with ample notice and opportunity to participate in the proceedings.