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Butte Creek FERC Consultation

Case Overview

In this case, Earthjustice sought to compel the Federal Energy Regulatory Commission (FERC) to initiate formal consultation with the National Marine Fisheries Service (NMFS) regarding the effects of the DeSabla-Centerville hydroelectric project on federally-listed spring-run Chinook salmon, including the illegal take of thousands of pre-spawning adults on Butte Creek in recent years. On December 12, 2006, the Ninth Circuit Court of Appeals decided that FERC is not required by the existing license to consult with NMFS regarding the effects of the project on newly listed species.

Case Updates