Legal Strategy in Dealing with Fish and Wildlife Resource Agencies

by John R. Molm, Partner; Troutman, Sanders, Lockerman and Ashmore, Atlanta, United States,

Document Type: Proceeding Paper

Part of: Waterpower '91: A New View of Hydro Resources


This paper is designed to provide a strategy for negotiating with Resource Agencies during the consultation and the 10(j) process. The strategy discussed herein can be reduced to three, simply stated, principles: (1) Know the perspective of the Resource Agency, (2) Know the Law, (3) Know the Economics. Keeping these principles in mind as you negotiate will assist in the formulation of a strategy that complies with the Electric Consumers Protection Act ('ECPA') and should result in a legally defensible license application as well as maximizing the power development benefits.

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