News & Analysis as of

Dams Federal Energy Regulatory Commission

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

Dam Collapse/Flooding: Federal Appellate Court Addresses Whether Michigan Counties' Efforts to Preserve Lake Depth Constitute a...

The United States Court of Appeals for the Sixth Circuit (“Sixth Circuit”) in a June 20th Opinion addressed a taking issue arising out of flooding due to a dam collapse. See  Bruneau v. Midland County, et al., No. 23-1761. ...more

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

Allen Matkins

Renewable Energy Update 9.21.23

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The California State Senate has passed Senate Bill 605, which directs the California Energy Commission to evaluate the feasibility, costs, and benefits of using wave energy and tidal energy in the state, sending the bill to...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

Allen Matkins

California Environmental Law & Policy Update - November 2022 #3

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California unveils plan to reach carbon neutrality by 2045 - Los Angeles Times – November 16 The California Air Resources Board (CARB) on Wednesday released a scoping plan outlining in broad strokes how the state intends to...more

Nossaman LLP

FERC Approves Surrender License for Lower Klamath Project

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On November 17, 2022, the Federal Energy Regulatory Commission (“FERC”) voted unanimously to issue an Order Modifying and Approving Surrender License and Removal of Project Facilities Order (“Order”) for the Lower Klamath...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

Court Holds CEQA Is Not Preempted in Federal Hydroelectric Relicensing Proceeding

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In County of Butte v. Dep’t of Wat. Resources (2022) 13 Cal.5th 612, issued on August 1, 2022, the California Supreme Court carved out a role for the California Environmental Quality Act (“CEQA”) even where the project is...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,...

Gross Reservoir and Dam Expansion/Federal Preemption: Denver Water Lawsuit Challenges Boulder County Regulatory Authority

The City and County of Denver, acting by and through its Board of Water Commissioners (“Denver Water”) filed a Complaint in the United States District Court for the District of Colorado addressing what it alleges are Boulder...more

Downey Brand LLP

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

Downey Brand LLP on

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

Bracewell LLP

FERC Seeks Industry Input on Financial Assurances for Hydro Projects

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On January 19, 2021, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued a Notice of Inquiry (NOI) requesting industry input regarding the scope and necessity of potential financial assurances that it...more

Allen Matkins

California Environmental Law & Policy Update - November 2020 #3

Allen Matkins on

U.S. Forest Service finalizes rule weakening environmental review of its projects - Bullet The Hill – November 18 - The U.S. Forest Service this Wednesday finalized its decision to weaken environmental analysis of...more

Troutman Pepper

Hydropower Report: July 2020

Troutman Pepper on

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

Nossaman LLP

Klamath Dam Removal Now in Question

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Over the past decade, proponents of an effort to remove four dams on the lower Klamath River have hit a series of roadblocks.  The most recent came on July 16, 2020, when the Federal Energy Regulatory Commission (FERC) voted...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

Miller Starr Regalia

California Supreme Court Grants Review of Third District Decision Involving FERC Relicensing of State’s Oroville Hydroelectric Dam...

Miller Starr Regalia on

On December 11, 2019, the California Supreme Court by a 7-0 vote granted the petition for review of Butte and Plumas Counties and the Plumas County Flood Control and Water Conservation District in County of Butte v....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

Miller Starr Regalia

State Courts Lack Jurisdiction Over CEQA Challenge To Matters Within FERC’s Jurisdiction In Hydroelectric Dam Relicensure Process...

Miller Starr Regalia on

The Federal Energy Regulatory Commission (“FERC”) issues licenses needed to construct and operate hydroelectric dams pursuant to the Federal Power Act (“FPA”; 16 U.S.C. § 791a, et seq). ...more

Hogan Lovells

New legislation streamlines FERC licensing process for pumped storage and non-power dams

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On October 10, 2018, the Senate passed (on a 99-1 vote) S.3021, "America's Water Infrastructure Act of 2018." The bill passed in the House of Representatives in September, and it now awaits President Trump's signature. ...more

Nossaman LLP

Proponents Of Dam Removal Project Seek To Skirt Protections For Endangered Species

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The Klamath River Renewal Corporation (the “corporation”) recently submitted a plan for the removal of four dams on the lower Klamath River to the Federal Energy Regulation Commission (FERC). ...more

Haight Brown & Bonesteel LLP

Who Would Face Liability For Oroville Dam Management?

On Feb. 12, 2017, the Butte County, California, sheriff ordered the evacuation of more than 180,000 people in the communities surrounding California’s Oroville Dam after officials spotted severe erosion in the dam’s emergency...more

Allen Matkins

Renewable Energy Update - February 2016

Allen Matkins on

Renewable Energy Focus - PG&E launches program to let all customers go 100 percent solar - Solar Industry Magazine - Feb 3 - Pacific Gas and Electric Co. (PG&E) has officially launched its previously...more

Akin Gump Strauss Hauer & Feld LLP

FERC Approves $4 Million Penalty for Dam Violations that Resulted in Two Deaths

On January 15, 2014, the Federal Energy Regulatory Commission (“Commission”) issued an order approving a Stipulation and Consent Agreement between the Commission’s Office of Enforcement and Erie Boulevard Hydropower, L.P....more

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