In a crucial per curiam decision on October 3, 2023, the US Court of Appeals for the Sixth Circuit emphasized that the Federal Power Act forestalls tort suits against the United States pertaining to damages caused by dams duly licensed by the Federal Energy Regulatory Commission (FERC). The ruling accentuates that the responsibility for any injuries or damages inflicted by a dam licensed by FERC solely befalls the licensee. There can be no liability traced back to the United States, even if dam failures transpire.
This opinion emerged in response to a series of lawsuits that sought to hold the United States accountable for damages caused by FERC licensed dam failures. The court maintained that any injuries caused by FERC-licensed infrastructure is strictly the obligation of the licensee, not the United States. The decision effectively prevents downstream individuals or entities from seeking legal recourse against the United States for any such damages.
This decision of the Sixth Circuit appears to close the floodgates on lawsuits against the U.S related to FERC licensing decisions. For legal professionals, this case underscores the overriding liability of licensees in cases of damages caused by dam failures. It marks a significant legal boundary in the realm of tort suits pertaining to dam licensing decisions by FERC.
The detailed analysis of this subject and more can be found at JD Supra.