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Hydropower Appeals Dams

Troutman Pepper Locke

One Stop Shop: Court Confirms Exclusive Jurisdiction of U.S. Courts of Appeals Over Review of Licensed Hydropower Projects

Troutman Pepper Locke on

In a significant victory for the hydropower industry, last week the U.S. District Court for the District of Oregon issued an order in Cascadia Wildlands v. EWEB (Case No. 6:25-00446), reaffirming that the U.S. courts of...more

Troutman Pepper Locke

Court Finds FERC Appropriately Evaluated Decision to Retain Dams in License Surrender

Troutman Pepper Locke on

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

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

Stoel Rives LLP

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

Stoel Rives LLP on

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

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