News & Analysis as of

Dams Clean Water Act

Allen Matkins

California Environmental Law & Policy Update 4.26.24

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The Biden administration on Tuesday announced a goal to protect and restore 8 million acres of wetlands over the next six years in an effort to counter development pressures and recently weakened federal regulations. The new...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Section 401/Clean Water Act: Federal Appellate Court Addresses Federal Energy Regulatory Commission Licensing Issue

The United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) addressed in a December 20th Opinion an issue involving the Federal Energy Regulatory Commission (“FERC”) licensing process. See...more

Perkins Coie

FERC Approves License Surrender for the Lower Klamath Project

Perkins Coie on

The Federal Energy Regulatory Commission issued an order on November 17, 2022, approving the surrender of the FERC license for the Lower Klamath Project. This order authorizes the decommissioning and removal of four...more

Downey Brand LLP

California Supreme Court Grants Review of Third District’s Preemption Decision

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On December 11, 2019, the California Supreme Court granted review of the Third District’s decision in County of Butte v. Department of Water Resources, dismissing a CEQA challenge to DWR’s relicensing application to the...more

Beveridge & Diamond PC

Idaho Congressman Proposes “Salmon and Energy Concept” To Breach Lower Snake River Dams

Beveridge & Diamond PC on

On February 6, 2021, Rep. Mike Simpson (R-ID) proposed legislation that would breach four dams on the Lower Snake River while requiring the power, transportation, and irrigation benefits of the dams to be replaced and...more

Allen Matkins

California Environmental Law & Policy Update - July 2020 #3

Allen Matkins on

EPA limits states’ power to review projects that affect water quality - Bullet Courthouse News Service – July 13 - The U.S. Environmental Protection Agency (EPA) on Monday issued a new 401 Certification Rule under the...more

Davis Wright Tremaine LLP

Not So Fast! Oregon DEQ Objects to EPA's Draft NPDES Permits for Lower Columbia River Dams

On May 15, 2020, the Oregon Department of Environmental Quality (DEQ) submitted a letter to the Environmental Protection Agency (EPA) in which it objected to EPA's draft water quality discharge permits (NPDES permits)...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Section 401 Clean Water Act/Water Quality Standards: Washington State Conditions Certification for Dams' Operations on Temperature...

The Washington Department of Ecology (“WDE”) on May 7th issued Clean Water Act Section 401 water quality certifications for eight federal dams conditioned on compliance with certain temperature water quality standards. The...more

Allen Matkins

California Environmental Law & Policy Update - April 2020 #3

Allen Matkins on

Montana federal court judge invalidates permit coverage for Keystone XL pipeline; could stymie projects across country - Bloomberg Law – April 15 - The U.S. District Court for the District of Montana on Wednesday...more

Allen Matkins

California Environmental Law & Policy Update - February 2020 #2

Allen Matkins on

Former PG&E lawyer named new regional EPA chief in California - Los Angeles Times – February 11 - Days after U.S. Environmental Protection Agency (EPA) removed its top official in California, Mike Stoker, the agency...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Chief Joseph Dam/Clean Water Act: U.S. Army Corps of Engineers Settles Citizen Suit by Agreeing to Apply for NPDES Permit

The United States Army Corps of Engineers (“Corps”) and Columbia Riverkeeper (“Riverkeeper”) resolved a Clean Water Act citizen suit action regarding the Chief Joseph Dam (“Dam”) which is located in the State of Washington. ...more

Allen Matkins

California Environmental Law & Policy Update - November 2019 #2

Allen Matkins on

Focus - Extreme storm could overwhelm Southern California dam and flood thousands - Los Angeles Times – November 6 - Federal engineers have found that the Mojave River Dam, protecting the high desert communities of...more

Foley Hoag LLP - Environmental Law

Deadlines For Permit Issuance Are Double-Edged Swords

On January 25, 2019, the D.C. Circuit Court of Appeals ruled that applicants for licenses under the Federal Power Act may not reach private agreements with states to circumvent the FPA requirement that states act on water...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Dam Construction/Colorado River: Environmental Groups File Federal NEPA/Clean Water Act/ESA Judicial Challenge to Denver Water...

Waterkeeper Alliance, Inc. and several other environmental organizations (collectively “Waterkeeper”) filed a December 19th Petition for Review of Agency Action (“Petition”) in the United States District Court for the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Determination of Compensatory Mitigation Credits for the Removal of Obsolete Dams and Other Structures from Rivers and Streams:...

The United States Army Corps of Engineers (“Corps”) issued on September 25th a Regulatory Guidance Letter No. 18-01 titled: Determination of Compensatory mitigation Credits for the Removal of Obsolete Dams and Other...more

Pierce Atwood LLP

Water, Water everywhere …

Pierce Atwood LLP on

There were two court decisions this week regarding regulation of Maine rivers, one from the Maine Supreme Judicial Court, Watts v. BEP, and one federal, Friends of Merrymeeting Bay v. Hydro Kennebec, LLC. ...more

Pierce Atwood LLP

Federal Judge Dismisses Atlantic Salmon ESA, CWA Claims Involving Maine Dams

Pierce Atwood LLP on

On Monday, January 14, U.S. District Court Judge George Singal dismissed Endangered Species Act (ESA) and Clean Water Act (CWA) claims against several dam owners and operators located along the Kennebec and Androscoggin...more

Holland & Knight LLP

U.S. Supreme Court Reaffirms Settled Precedent for Regulating Transfers of Water Through Stormwater Systems and Other Water...

Holland & Knight LLP on

On January 8, 2013, the U.S. Supreme Court unanimously overturned a judgment of the U.S. Court of Appeals for the Ninth Circuit that would have had vast consequences for stormwater systems and other water infrastructure...more

Davis Wright Tremaine LLP

Supreme Court Decision Good News for Dam Owners

On Jan. 8, 2013, the U.S. Supreme Court unanimously held that flow from an improved portion of a waterway into an unimproved portion of the same waterway — even if polluted — does not qualify as “discharge of pollutants”...more

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