This paper, written shortly after the Ninth Circuit upheld the constitutionality of the Northwest Planning Council, which Congress authorized to implement the Northwest Power Act, analyzed the court's decision. The paper reviewed the unsuccessful attempts to challenge the Council (thereby...

Licensing of hydroelectric projects by the Federal Energy Regulatory Commission (FERC) under the Federal Power Act (FPA) materially affects stream flows on rivers throughout the nation. Often overlooked, FERC licensing will gain prominence in the next decade as hundreds of projects must be...