Udall v. Federal Power Commission

1967-06-05

Headline: Court sends disputed High Mountain Sheep dam license back for more fact-finding, vacating and reversing lower rulings and requiring the agency to study federal construction, fish, wildlife, and power alternatives.

Holding: The Court ruled that the Federal Power Commission failed to make the informed factual findings required about federal versus private development and remanded the licenses for further fact-finding on fish, wildlife, and power needs.

Real World Impact:

Sends the private dam license back for new fact-finding on fish and wildlife impacts.
Requires agency to evaluate federal construction and alternative power sources before approving projects.
Delays construction and forces more study of impacts on salmon, recreation, and regional power needs.

Topics: hydroelectric dams, salmon and fish conservation, wildlife and recreation, federal versus private development, energy supply planning

Summary

Background

The dispute involves a proposed hydroelectric dam at High Mountain Sheep on the Snake River. A joint venture of four private power companies won a Federal Power Commission license, while a public power agency also sought the site and the Secretary of the Interior urged delay and federal construction because of fish and wildlife concerns.

Reasoning

The Justices considered whether the Commission had properly decided that private licensing was acceptable instead of federal development. The Court found the record lacked the factual inquiry §7(b) requires because the Commission prevented the Secretary from supplying needed evidence. The Court stressed large stakes: many downstream federal dams, serious risks to salmon and other wildlife, and emerging alternative power sources that could make deferral reasonable. Because these issues were not adequately explored, the Court remanded the cases for further proceedings and fact-finding, and it did not decide whether any dam should be built.

Real world impact

The ruling halts final approval of the private license and forces the agency to analyze more fully impacts on salmon, wildlife, recreation, regional power supply, and the possibility of federal development or delayed construction. This is not a final decision on whether the dam will be built; outcomes could change after the additional fact-finding.

Dissents or concurrances

A dissent by Justice Harlan, joined by Justice Stewart, argued the Commission had an ample evidentiary record and that the Court improperly substituted its own judgment for the agency's informed discretion.