United States Ninth Circuit

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California Wilderness Coalition v. US Dep't of Energy, 08-71074

In thirteen petitions for review challenge the Department of Energy's (DOE) implementation of the Energy Policy Act of 2005 (EPAct), which added a new section 216 to the Federal Power Act (FPA), 16 U.S.C. section 824p, the court holds that DOE failed to properly consult with the affected States in conducting the Congestion Study and failed to undertake any environmental study for its NIETC Designation as required by the National Environmental Protection Act (NEPA), 42 U.S.C. section 4332(C). These failings were not harmless errors, thus the Congestion Study and NIETC designation are vacated and remanded to the DOE for further proceedings.

Appellate Information

  • Decided 02/01/2011
  • Published 02/01/2011




  • United States Ninth Circuit


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