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FERC Denies Interior’s Requirement for Ongoing Species Notifications

On September 22, the Federal Energy Regulatory Commission (Commission or FERC) issued an order on rehearing (Rehearing Order), denying the U.S. Department of the Interior’s (Interior) request to include a requirement for a...more

Ninth Circuit Finds No Waiver of State Water Board Authority

On August 5, the U.S. Court of Appeals for the Ninth Circuit overruled several orders by the Federal Energy Regulatory Commission (FERC) and held that the California State Water Resources Control Board (SWRCB) did not waive...more

FERC Equity Action Plan and Hydropower Licensing

On April 15, 2022, the Federal Energy Regulatory Commission (FERC) issued an Equity Action Plan (EAP) that introduces a two-year overhaul to review its policies to better promote equity and remove barriers to environmental...more

EPA’s Clean Water Act Certification Proposal to Significantly Impact Hydropower Licensing

On June 1, the Environmental Protection Agency (EPA) released a pre-publication version of its proposal to re-write the Clean Water Act Section 401 rule (Certification Proposal), which, if finalized, is expected to have...more

Court Decision to Vacate, Remand State Water Quality 401 Certification Rule

On October 21, the U.S. District Court for the Northern District of California vacated and remanded the U.S. Environmental Protection Agency’s (EPA) 2020 Clean Water Act Section 401 final rule (Certification Rule)....more

Biden Nominates Willie Phillips as New FERC Commissioner

On September 9, 2021, President Biden announced his intention to nominate the current Chairman of the D.C. Public Service Commission (DCPSC), Willie L. Phillips, Jr., as a Commissioner of the Federal Energy Regulatory...more

The Fourth Circuit Weighs in on the Interpretation of CWA Section 401

There has been a longstanding debate about how to apply the one-year time limit on Clean Water Act Section 401 certification decisions. The D.C. Circuit court in Hoopa Valley Tribe v. FERC, 913 F.3d 1099 (D.C. Cir. 2019)...more

District Court Lacked Jurisdiction Over Clean Water Act Section 404 Permit Challenge Involving FERC License Amendment

On March 31, U.S. District Judge Christine Arguello found that the Federal Power Act (FPA) is the exclusive authority with regards to controversies related to Federal Energy Regulatory Commission (FERC) -issued hydroelectric...more

6/4/2021  /  Clean Water Act , FERC , Permits , Section 404

Clean Energy Groups Ask FERC for Transparency Into “Anti-Climate” Groups

On March 17, 2021, a coalition of environmental organizations and clean energy groups led by the Center for Biological Diversity (CBD) petitioned the Federal Energy Regulatory Commission (FERC) for a rulemaking that would...more

Second Circuit Enforces the Clean Water Act Section 401 One-Year Time Limit

On March 23, the Second Circuit issued its opinion in N.Y. Dep’t of Enviro. Conservation v. FERC, Case No. 19-1610 (i.e., the “Empire Pipeline” case). The case concerns the Federal Energy Regulatory Commission’s (FERC or...more

Hydropower Report: January 2021

Happy new year! We begin 2021 with a transition of leadership in the Presidency and the U.S. Senate, and with the recent news that President Biden has named Richard Glick as the new FERC Chair. All of these changes in...more

FERC’s Clean Water Action Section 401 Waiver Analysis Continues to Evolve

In 2019, the D.C. Circuit in Hoopa Valley Tribe v. FERC held that the plain language of Clean Water Act (CWA) Section 401 establishes a bright-line maximum period of one year for States to act on a request for water quality...more

Hydropower Report: July 2020

Our lead article this month concerns the Council on Environmental Quality’s (CEQ) long-awaited final rule on the National Environmental Policy Act (NEPA). The rule introduces sweeping changes to the NEPA regulations, aimed at...more

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