FERC Federal Land Fees Litigation

The firm successfully represented a large group of FERC hydroelectric licensees before FERC and the U.S. Court of Appeals for the D.C. Circuit related to FERC’s annual charges program.

In 2009, the firm sought and obtained an emergency ruling from the U.S. Court of Appeals for the D.C. Circuit that stayed the effectiveness of a 2009 FERC rulemaking that would have significantly increased annual charges for licensees’ use and occupancy of federal lands. In January 2011, the court granted the licensees’ petition and vacated FERC’s 2009 rule, which resulted in over $20 million in refunds and/or cost savings to these hydroelectric licensees. In January 2012, the firm filed comments on behalf of the licensees in response to a new FERC rulemaking proposing changes to the annual charges program.

The coalition members included:

  • El Dorado Irrigation District
  • Idaho Falls Power
  • PacifiCorp
  • Portland General Electric
  • Chelan County Public Utility District No. 1
  • Puget Sound Energy
  • Sacramento Municipal Utility District
  • Seattle City Light
  • Tacoma Power
  • Turlock Irrigation District
  • Bradley Lake Project Management Committee