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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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