United States Ninth Circuit

In a case brought by petitioners seeking to protect Chinook Salmon, their petition for review of a decision of the Federal Energy Regulatory Commission (FERC) not to initiate formal consultation with the National Marine Fisheries Service about the operation of a PG&E-operated hydroelectric project is denied where: 1) the Endangered Species Act (ESA) imposes no duty to consult about activities conducted by PG&E pursuant to a previously issued, valid license from FERC; and 2) the FERC took no affirmative action concerning PG&E's existing license, for purposes of triggering ESA's consultation requirement.

Appellate Information

• Argued 04/05/2006
• Decided 12/12/2006
• Published 12/12/2006

Judges

• SCHROEDER, Chief Judge:, Before: SCHROEDER, Chief Judge, TROTT and KLEINFELD, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Trent W. Orr, San Francisco, CA, for the petitioner.


• For Appellees:
  
• Carol J. Banta, Federal Energy Regulatory Commission, Washington, D.C., for the respondent., William J. Madden, Jr., Washington, D.C., for the respondent-intervenor.