News & Analysis as of

Dams Energy Sector

Morgan Lewis - Power & Pipes

Sixth Circuit Closes the Floodgates on Tort Suits Against FERC for Dam Licensing Decisions

In a per curiam decision on October 3, 2023, the US Court of Appeals for the Sixth Circuit affirmed that the Federal Power Act prevents tort suits against the United States relating to damage caused by dams that are licensed...more

Perkins Coie

FERC Approves License Surrender for the Lower Klamath Project

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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

Harris Beach PLLC

Division Y-Cyber Incident Report for Critical Infrastructure Act of 2022 Becomes Law, with Regulations Expected by 2025

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Division Y – Cyber Incident Reporting for Critical Infrastructure Act of 2022 was signed into law by President Biden on March 15. Highlights of the Act include: ...more

Troutman Pepper

FERC Finalizes Revisions to Dam Safety Regulations

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On December 16, 2021, the Federal Energy Regulatory Commission (Commission or FERC) issued a final rule amending its regulations governing the dam safety of FERC-licensed hydroelectric projects under the Federal Power Act...more

Morgan Lewis - Power & Pipes

FERC Proposes Penalty for Hydro License Violation

FERC recently issued an order to show cause and notice of proposed penalty to Ampersand Cranberry Lake Hydro LLC for a violation of Ampersand’s hydro license for the Cranberry Lake Project No. 9658 (Cranberry Lake Project)....more

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

Nonpowered Dams/Closed-Loop Pump Storage Projects: Federal Energy Regulatory Commission Rule Establishing Expedited Licensing...

The Federal Energy Regulatory Commission (“FERC”) published an April 24th Federal Register Notice establishing a final rule addressing licenses for qualifying facilities at existing nonpowered dams and closed-loop pump...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

Snell & Wilmer

Voter Initiatives to Limit Mineral Development in Western States Fail

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Voters in several western states on November 6th defeated citizen-initiated ballot initiatives that would have heavily regulated mineral and energy development. The highest profile failed initiative was Colorado’s Proposition...more

Hogan Lovells

Energy Snippets

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SA’s energy vision for 2030: Jeff Radebe releases the details in long-awaited IRP - The long-awaited Integrated Resource Plan (IRP) envisages the energy mix in 2030 will consist of almost half coal power, with gas and wind...more

Nossaman LLP

Ninth Circuit Affirms Injunction Order for Federal Columbia River Power System to Prevent Harm to Listed Salmonids

Nossaman LLP on

On April 2, 2018, the U.S. Court of Appeals for the Ninth Circuit affirmed a district court order directing that the National Marine Fisheries Service (NMFS), U.S. Army Corps of Engineers (Corps) and U.S. Bureau of...more

Foley Hoag LLP - Environmental Law

Stop the Presses: Nuclear Power Still Does Not Emit Greenhouse Gases

On Monday, the TVA announced that Watts Bar Unit 2 had successfully completed what is known as its final power ascension test. It is now producing 1,150 MW of power in pre-commercial operation. Though EnergyWire did report...more

Allen Matkins

Renewable Energy Update - September 2016 #5

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Renewable Energy Focus - California ramps up energy storage plans with enactment of four new bills - Renewable Energy World - Sep 28 - California Governor Jerry Brown on September 27 signed four new bills...more

Mintz - Energy & Sustainability Viewpoints

Massachusetts Legislature Passes Compromise Energy Bill

Last Sunday, the Massachusetts Legislature passed a compromise energy bill to significantly increase electricity produced by renewable energy sources. The state’s utilities will be required to purchase power from on and...more

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