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Lawsuit Against Federal Energy Regulatory Commission

On September 11, 2009, Fishermen, local governments, and environmentalists sue Federal Energy Regulatory Commission (FERC) for wave energy planning to require comprehensive planning for wave energy projects on the West Coast. The lawsuit, which was filed in the U.S. Court of Appeals for the Ninth Circuit in San Francisco, was brought by Fishermen Interested in Safe Hydrokinetics, the Recreational Fishing Alliance, the Pacific Coast Federation of Fishermen’s Associations, the County of Mendocino, the City of Fort Bragg, and the Ocean Protection Coalition. The purpose of the lawsuit is to require FERC to stop issuing wave energy permits on an ad hoc basis, and to develop a comprehensive wave energy plan for the West Coast. FERC has received applications for at least 20 wave energy projects on the West Coast, but has conducted no environmental studies and has no plan to guide project siting. The petitioners are asking FERC to prepare a comprehensive plan, to collect baseline environmental data, to establish uniform study guidelines, and to consider cumulative effects before issuing additional permits for wave energy projects.
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