News & Analysis as of

Dams Hydropower

Blake, Cassels & Graydon LLP

Naviguer dans les eaux juridiques : Rejet des réclamations pour nuisance contre un propriétaire de barrage hydroélectrique

Le 26 février 2024, la Cour d’appel de la Colombie-Britannique (la « Cour d’appel ») a rendu sa décision dans l’affaire Thomas and Saik’uz First Nation v. Rio Tinto Alcan Inc., confirmant le rejet par la Cour suprême de la...more

Blake, Cassels & Graydon LLP

Navigating Legal Waters: B.C. Court of Appeal Insulates Hydro Dam Owner from Nuisance Claims

On February 26, 2024, the British Columbia Court of Appeal (Court) issued its decision in Thomas and Saik’uz First Nation v. Rio Tinto Alcan Inc., upholding the B.C. Supreme Court’s dismissal of nuisance claims brought by two...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

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

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

Greenhouse Gas Reporting Program: Earthjustice Petitions U.S. Environmental Protection Agency to Add Dams/Reservoirs as a Source...

Earthjustice filed a March 21st Petition before the United States Environmental Protection Agency (“EPA”) on behalf of 130 groups requesting that dams and reservoirs be added as a source category under the Greenhouse Gas...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

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

Davis Wright Tremaine LLP

An Uncommon Dialogue: All We Are Saying Is "Give Peace a Chance"

Those of a certain age will remember this plaintive, kumbaya-seeking line from John Lennon's Vietnam War protest song. Naïve, perhaps, but an Uncommon Dialogue process initiated through Stanford's Woods Institute for the...more

Troutman Pepper

Hydropower Report: July 2020

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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

Miller Starr Regalia

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

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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

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

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

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

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

Hydroelectric Incentive Program: U.S. Department of Energy Announces Updated Guidance

The United States Department of Energy (“DOE”) published a June 20th Federal Register notice announcing updated Guidance for the hydroelectric components of the Energy Policy Act of 2005 program. See 83 Fed. Reg. 28629. ...more

Nossaman LLP

District Court rejects Challenge to Corps Activities on the Yuba River in Northern California

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In Friends of the River v. National Marine Fisheries Service, the U.S. District Court for the Eastern District of California rejected challenges to Army Corps of Engineers and National Marine Fisheries Service decisions...more

Stoel Rives LLP

Ninth Circuit Expands Tribal Treaty Rights in Culvert Decision That Threatens Economic and Industrial Development on Fish-Bearing...

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In the matter of United States et al. v. Washington, case number 13-35474, the U.S. Court of Appeals for the Ninth Circuit concluded in 2016 that in building and maintaining barrier culverts, the State of Washington had...more

Foley Hoag LLP - Environmental Law

Managing Water Releases From Dams to Protect Fish: A Tale of Good Legislation and Bad Engineering

Earlier this week, the 9th Circuit found that the Bureau of Reclamation had authority under 1955 legislation to order additional releases of water to the Trinity River from the Lewiston Dam beyond the amount designated in an...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

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

Mintz - ML Strategies

Massachusetts Legislature Passes Clean Energy Legislation

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Overview - Late Sunday night, the Massachusetts Legislature passed a compromise energy bill that will significantly increase electricity produced by offshore wind, hydropower and other renewable energy sources. The...more

Allen Matkins

California Environmental Law & Policy Update - April 2016 #2

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Environmental and Policy Focus - Federal and state officials sign Klamath River dam removal deal - San Jose Mercury News - Apr 7 - The governors of California and Oregon and several other state, federal, power,...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

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

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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