NW Res. Inf. Ctr. v. NW Power & Conserv. Council

NRIC challenged the Sixth Northwest Power Plan (the Plan) that the Council adopted in May 2010. NRIC argued that the Plan failed to give due consideration for protection, mitigation, and enhancement of fish and wildlife as the Pacific Northwest Electric Power Planning and Conservation Act (the Power Act), 16 U.S.C. 839-839h, required. The court concluded that the NRIC had not pointed to any part of the Power Act that required the Council to reconsider fish and wildlife measures in light of its evaluation of the regional power system from the subsequent power-planning process. Absent such a showing, the court would not second-guess the due consideration that the Council gave to fish and wildlife interests in the adoption of the Plan. Accordingly, the court affirmed the Plan with respect to NRIC's due-consideration challenge. The court remanded, however, the Plan to the Council for the limited purposes of (1) allowing public notice and comment on the proposed methodology for determining quantifiable environmental costs and benefits, and (2) reconsidering the inclusion in the Plan of the BPA's estimate of the 2009 Program's costs to hydrosystem operations. View "NW Res. Inf. Ctr. v. NW Power & Conserv. Council" on Justia Law