Me. Council of Atl. Salmon Fed'n v. Nat'l Marine Fisheries Serv.

摘要

Federal district court lacked subject matter jurisdiction to review claims by environmental groups alleging National Marine Fisheries Service acted arbitrarily and capriciously in issuing Endangered Species Act biological opinions to Federal Energy Regulatory Commission for four hydroelectric dam license modifications, because: (1) terms of opinion for one dam already expired by its own terms and claims challenging it are moot, and (2) FERC modified license for other three dams incorporating terms of opinions, and (3) under Federal Power Act jurisdiction to review FERC order and any issue inhering in controversy over order rests exclusively in federal appeals courts.