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.
Recommended Citation
Hager, Janet M. "Tension Between Hydroelectric Energy’s Benefits as a Renewable and its Detrimental Effects on Endangered Species." Sustainable Development Law & Policy, Fall 2009, 50-51.