Deadbeat Dam Argument in Appeals Court

American Whitewater's challenge to a Federal Energy Regulatory Commission (FERC) decision allowing the abandonment of two deadbeat hydropower dams on the Salmon Falls River on the Maine/New Hampshire border was heard in the Court of Appeals, D.C. Circuit, on November 20th. The three judge panel considered whether FERC properly considered the dam removal alternative to the proposed abandonment and whether dam removal was in the public interest. The abandoned dams will continue to block fish passage, disrupt river connectivity, and prevent whitewater boating on the Salmon Falls River. American Whitewater brought the case in partnership with Earthrise Law Center at Lewis and Clark Law School and Public Justice.

A decision from the appeals court is expected early next year. American Whitewater's efforts to remove the dams on the Salmon Falls River is part of its Deadbeat Dam Law Project launched earlier in the year. An increasing number of hydropower dams are being abandoned due to aging infrastructure and their impact. Abandoned dams pose a safety hazard and harm river ecosystems and recreation opportunities. American Whitewater is working to remove these dams through targeted litigation and advocacy that will create a pathway for dam removals throughout the country. We are grateful to Kevin Cassidy at Earthrise and Haley Nicholson at Public Justice for their support of these efforts.