FERC Ordered To Give Dam Flooding Complaint A Fresh Look

By Humberto J. Rocha (January 18, 2022, 8:02 PM EST) -- The D.C. Circuit ruled that the Federal Energy Regulatory Commission failed to appropriately analyze an Oklahoma city's complaint concerning flooding from a hydroelectric dam operated by the Grand River Dam Authority, ordering it to review the case and evidence anew.

In an opinion filed Tuesday, the three-judge panel ruled that the complaint be remanded to FERC, calling its argument that the GRDA hadn't violated its operating license "surprisingly unpersuasive." The panel found that, while the city provided "powerful" evidence that the GRDA's Pensacola Dam had caused flooding in the city, FERC had not conducted a thorough analysis in its review....

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