Home » Articles » Volume 36 » Issue 3 » The Challenges of Dam Removal: The History and Lessons of the Condit Dam and Potential Threats From the 2005 Federal Power Act Amendments

 
 

The Challenges of Dam Removal: The History and Lessons of the Condit Dam and Potential Threats From the 2005 Federal Power Act Amendments

 

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Abstract

This history of efforts to decommission the Condit Dam describes the legal hurdles involved in dam removal and the obstacles remaining before this dam comes down. Although provisions of the Federal Power Act allowing federal fish management agencies to prescribe fish passage led to the agreement to remove the dam, recent amendments to the Act give parties who oppose fish passage prescriptions new rights to bring procedural challenges.

The Article concludes that the substantive standard in the new amendments will not thwart future fish passage restoration because the standard favors the agencies defending their prescriptions in the new administrative process.

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