United States Ninth Circuit

In a petition for review of a decision of the Bonneville Power Administration to move forward with a proposal to change how the Albeni Falls Dam in the Pacific Northwest operates during winter months without first preparing an environmental impact statement under the National Environmental Policy Act (NEPA), the petition is denied where: 1) the agencies complied with NEPA when they finalized their 2011 decision without preparing an environmental impact statement; and 2) because the agencies' decision adopting flexible winter operations did not trigger NEPA's requirement to publish an environmental impact statement, petitioner’s challenges to the environmental assessment's finding of no significant impact were moot.

Appellate Information

• Published 2016/06/21

Judges

• KOZINSKI

Court

• United States Ninth Circuit

Counsel