Save the Colorado v. Spellmon

The Tenth Circuit Court of Appeals ruled that a federal district court erred when it concluded that the Federal Power Act vested the courts of appeals with exclusive jurisdiction over a challenge to a U.S. Army Corps of Engineers permit that was required for modification of a dam project licensed by the Federal Energy Regulatory Commission. The environmental groups challenging the Corps permit contended, among other things, that the Corps violated the National Environmental Policy Act by failing to fully consider the impacts of climate change. The Tenth Circuit reversed the district court’s dismissal of the case and remanded for further proceedings.

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