American Rivers v. Federal Energy Regulatory Commission
D.C. Circuit Nos. 16-1195; 16-1336
Other Agency
Federal Energy Regulatory Commission (FERC)
American Rivers and Alabama Rivers Alliance
90,000.00
Court
Not Available because the decision was not published
The fee award arose from the Court's decision vacating a hydroelectric license granted by the Commission. The court found: (1) that the Commission violated NEPA by relying upon an environmental assessement instead of a more detailed environmental impact statement; and (2) that the Commission failed to reasonably consider and address multiple indicators of the project's significant impact on the enviornment. The court also found that the Biological Opinion prepared by Fish & Wildlife Service was deficient.
Settlement amongst the parties. The parties agreed to a settlement whereby the Commission and the Department of Interior would pay a total of $90,000 for the petitioners' attorneys' fees incurred in the court litigation. There is no court order approving the settlement; rather the parties filed a joint motion to dismiss the motion for attorneys fees, and the court granted that motion on March 8, 2019.