Another "an agency must follow its own rules" case

From the Energy Legal Blog of Bracewell & Giuliani, "FERC Attempt to Expedite Hydro Relicensing Backfires" by John Bartus:

A relicensing proceeding that began in 1991 will continue for a few more years as the Second Circuit, in Green Island v FERC, sends the case back to the agency because FERC, in an apparently futile effort to speed up its process, closed the court house door on an intervenor in violation of its own procedural rules.  FERC rules require FERC to solicit interventions whenever there is a material amendment to the license application.  For initial licenses, there is an exception for a material amendment resulting from the applicant complying with the requests of resource environmental agencies.  But, citing FERC’s own regulations and rulemaking analysis, the Second Circuit ruled that this exception does not apply in relicensing.  Hence, when, as was the case in this relicensing proceeding, the applicant and the various resource agencies reach a settlement, FERC must determine whether that settlement results in a material amendment; if so, then the agency must solicit interventions.  FERC still has the option of determining that the settlement does not constitute a material amendment, but will have to make a finding to that effect before it can close the court house door a second time.

Thanks to Lexology for the pointer. EMM