On October 23, in another case that turned on the reviewing court’s authority to review an administrative action, the U.S. Court of Appeals for the District of Columbia held that the petitioners, having failed to raise their objections to a Biological Opinion the Federal Energy Regulatory Commission relied on in their petition for rehearing, forfeited their right to an appeal of this issue under 16 U.S.C. § 825(b) . The case is Maine Council of the Atlantic Salmon federation, et al., v. FERC.
Other issues raised in the petition for rehearing were reviewable, but the Court of Appeals held that FERC had appropriately rejected these arguments. The opinion will not be published.