MendoCoastCurrent, September 9, 2008
Fort Bragg, California City Council has filed a lawsuit against the Federal Energy Regulatory Commission (FERC) in the Washington D.C. Circuit Court of Appeals.
Concerns escalated last August when FERC denied Fort Bragg’s second request for a rehearing on FERC’s national licensing policies for wave energy or hydrokinetic energy projects. The community stakeholders, Fort Bragg, Mendocino County, Lincoln County (Oregon) and Fishermen Interested in Safe Hydrokinetics (FISH), were also denied rehearing by FERC. Under the Federal Power Act, there are no administrative appeals left and the only recourse is a lawsuit.
Fort Bragg contests FERC’s energy development process for national licensing of wave energy projects, including the proposed Pacific Gas & Electric wave energy pilot project off the coast of Fort Bragg.
Fort Bragg contends that FERC established these policies without complying with a number of federal laws including the Coastal Zone Management Act, Clean Water Act, National Environmental Policy Act and the Administrative Procedure Act.