Unused Hydropower Dams to Remain in Place After Court Backs FERC

Two dams along the Salmon Falls River between New Hampshire and Maine will remain in place after a federal appeals court on Tuesday upheld the Federal Energy Regulatory Commission’s decommissioning plan.

The US Court of Appeals for the D.C. Circuit tossed an environmental group’s case alleging the agency overlooked the potential benefits of deconstructing the now-defunct hydroelectric dams, finding that FERC reasonably concluded that water supply and fire suppression uses warranted leaving the structures in place.

The agency appropriately considered and rejected dam removal alternatives “because the benefits to local municipalities of keeping the dams outweighed the benefits to the ...