Friends of the Payette v. Horseshoe Bend Hydroelectric Co.

EUGENE A. WRIGHT, Senior Circuit Judge:

Two environmental groups allege that the Army Corps of Engineers violated the National Environmental Policy Act by issuing a dredge-and-fill permit for a hydroelectric project without preparing an environmental impact statement. Because we conclude that the Corps’ action was not arbitrary and capricious, we affirm the district court’s dismissal of the action.

I

On March 10, 1992, the Horseshoe Bend Hydroelectric Company began construction of a 9.5-megawatt hydroelectric generating facility on the Payette River near Horseshoe Bend, Idaho. When completed,…