Jurisdictional Disputes in the Simplification of Small-Scale Hydropower Regulation
Proceedings of the Symposium on Small Hydropower and Fisheries
Olson FW;White RG;Hamre RH;
American Fisheries Society
In allowing exemptions from licensing for small hydro projects, Congress shifted most of the environmental review of these projects from the Federal Energy Regulatory Commission to state and federal fish and wildlife agencies. The FERC has sought to limit those agencies' powers, but has itself been reluctant to perform 'cumulative impact' studies on the many small projects currently proposed. The resulting conflicts have created new regulatory uncertainties for small hydro developers.