9th Circuit Panel Upholds Dismissal Of Washington Tribe’s Suit Over Fish Passage

Mealey's (January 3, 2023, 12:37 PM EST) -- SEATTLE — The Ninth Circuit U.S. Court of Appeals on Dec. 30 affirmed dismissal of a lawsuit filed by a Native American tribe over the lack of a migratory fish passageway at a hydroelectric dam, finding no subject matter jurisdiction because the suit was subject to the Federal Power Act (FPA), which grants jurisdiction to the federal courts of appeals over objections to orders by the Federal Energy Regulatory Commission (FERC)....