1st Circ. Says Toolmaker Needs Permit To Modify Dam

Law360, New York (June 16, 2011, 7:24 PM EDT) -- The First Circuit ruled Wednesday that L.S. Starrett Co. needed a federal permit to repair a dam that partially powered its precision toolmaking facility in Athol, Mass.

The toolmaker had protested a Federal Energy Regulatory Commission ruling that it needed a license to proceed with proposed changes to a hydroelectric generating facility, saying the proposed work was only a repair, and would not increase actual capacity beyond the 1992 installed capacity, which was memorialized in a 1992 FERC order that concluded the dam did not require...
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