Document Type


Publication Title

Journal of Energy Law and Policy

Journal Abbreviation

J. Energy L. & Pol'y


This paper, written shortly after the Ninth Circuit upheld the constitutionality of the Northwest Planning Council, which Congress authorized to implement the Northwest Power Act, analyzed the court's decision. The paper reviewed the unsuccessful attempts to challenge the Council (thereby undermining its power planning and fish and wildlife programs) as violating the compact and appointments clauses of the Constitution as well as several alleged statutory infirmities. The paper concluded that the Ninth Circuit's decision was entirely consistent with the Supreme Court's then-recent decision in Bowsher v. Synar, which upheld the 1985 Balanced Budget Act (popularly known as Graham-Rudman-Hollings Act).

First Page


Last Page


Publication Date



To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.