Environmental Justice Tracker

EJ Tracker Update

FERC Announced New Policy on Tribal Consent as Prerequisite for Issuing Preliminary Project Permits on Tribal Lands

Last updated:

February 15, 2024

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FERC

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Guidance/Policy

At its February commission meeting, FERC announced a new policy “that the Commission will not issue preliminary permits for projects proposing to use Tribal lands if the Tribe on whose lands the project is to be located opposes the permit.” Implementing this policy, FERC denied preliminary permits for four new hydroelectric projects which would have been built on Navajo land and which the Navajo Nation objected to. The policy is intended to push developers to work with tribes and obtain their consent before applying for permits for projects on tribal lands.