Following its recent opinion in Village of Morrisville v. Federal Energy Regulatory Commission, the D.C. Circuit Court of Appeals has once again waded into the issue of when a state waives its certification authority under...more
On January 14, 2025, the U.S. Court of Appeals for the D.C. Circuit (“D.C. Circuit”) held that FERC complied with the National Environmental Policy Act (“NEPA”) in approving the surrender of a hydroelectric project license....more
Below are summaries of the agenda items for the Federal Energy Regulatory Commission's open meeting to be held on April 20, 2023, pursuant to the sunshine notice released on April 13, 2023....more
A Maine Trial Court Judge has denied New England Clean Energy Connect permission to complete its project to transmit Canadian hydropower to the United States saying that NECEC hadn't demonstrated that it will suffer...more
This week many eyes are focused on Maine's Supreme Judicial Court which will hear argument on whether Maine voters can effectively cancel Federal and State approvals of the New England Clean Energy Connect project. This...more
The Oregon Supreme Court recently reversed a decision of the Oregon Court of Appeals and determined that the lease of a vested hydroelectric water right to the state for instream uses did not qualify as the “use of water...more
Under Oregon Revised Statute (ORS) 543A.305, a “water right associated with [a] hydroelectric project” converts to a permanent in-stream water right “[f]ive years after the use of water under [the] hydroelectric water right...more
Drawing on the long history of Oregon water rights, the Oregon Court of Appeals on June 10, 2020, issued an opinion in WaterWatch of Oregon v. Water Resources Department that carries significant implications for hydroelectric...more
On January 25, 2019, in Hoopa Valley Tribe v. Federal Energy Regulatory Commission, No. 14-1271, 2019 WL 321025 (D.C. Cir. Jan. 25, 2019), the U.S. Court of Appeals for the D.C. Circuit ruled that the...more
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
It is becoming increasingly difficult for the regulated community to stay abreast of state and federal environmental regulatory developments, particularly as they are decided in court. The following alert summarizes some...more
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
Primarily relying on precedent from the U.S. Court of Appeals for the Ninth and D.C. Circuits, the U.S. District Court for the District of Maine recently dismissed an Endangered Species Act (ESA) lawsuit challenging two...more