Authors

Janet M. Hager

Class Year

2010

Document Type

Journal Article

Publication Date

Fall 2009

Abstract

A recent Ninth Circuit Court of Appeals decision, National Wildlife Federation v. National Marine Fisheries Service, exemplifies how one form of renewable energy, hydroelectric power, has been challenged by the environmental community for its detrimental effect on endangered fish species. The case demonstrates that, as Congress moves to incentivize hydroelectric power, there may be a temptation for Congress to exploit a judicial loophole to make the Endangered Species Act (“ESA”) inapplicable to dam operations.

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