The June/July 2007 edition of The Advocate [1], the official publication of the Idaho State Bar, features an article on the hydropower provisions of the Energy Policy Act (EPAct).

Written by attorney Rick Eichstaedt of Center for Justice [2], Adell Amos with the University of Oregon's School of Law, and the Coalition's Rebecca Sherman, the article discusses the results of the first few invocations of the EPAct proceedings in the Northwest: Hells Canyon dams on the Snake River, the Klamath River dams, and the Spokane River dams.

Unlike the celebratory descriptions of attorneys representing utilities in these proceedings, the article describes how in fact, the EPAct has only resulted in expensive legal fees and reduced environmental protections.

In its conclusion, the article notes:

A more common outcome of hearing requests is not a confirmed set of facts but an exclusive supra-licensing settlement proceeding that revises the underlying agency mandatory conditions. This threatens only to further complicate the relicensing process and undermine the intent of the Federal Power Act.

This article is the first representation to the legal community that there is a second and perhaps less financially interested perspective on EPAct's effect and success.

To request a copy of the article, please contact the Coalition.