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.

Challenge to dam project in Boulder County in Colorado.

Save the Colorado v. Spellmon

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Tenth Circuit Said District Court Erred in Dismissing Challenge to Dam Permit

Filed

United States of America

Colorado

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Tenth Circuit Said District Court Erred in Dismissing Challenge to Dam Permit

Policy instrument

Renewable energy

Fossil fuel

Economic sector

Adaptation/resilience

Finance