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Preemption Dams

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

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

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

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

California Environmental Law & Policy Update - January 2015 #3

Allen Matkins on

Environmental and Policy Focus - Rail case heading to state Supreme Court: Willits News - Jan 27: The Supreme Court of California has accepted review of a lower court decision holding that federal law implemented by...more

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