Challenge Over FERC Flooding Orders Sparks Confusion on Appeal

The D.C. Circuit on Friday seemed perplexed by the scope of jurisdiction the Federal Energy Regulatory Commission has over mitigating alleged flooding stemming from a hydroelectric project.

The Grand River Dam Authority challenged FERC’s orders requiring it to acquire and maintain property in Oklahoma outside a hydroelectric project’s boundaries to prevent flooding.

Questioning by the three-judge panel of the US Court of Appeals for the D.C. Circuit centered around standing, specifically whether the authority—the owner of the hydroelectric project—experienced an injury.

“What is the direct injury, the concrete and imminent injury that the authority faces from FERC’s current decision?” Judge ...