News & Analysis as of

Hydropower Federal Energy Regulatory Commission Dams

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

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

Perkins Coie on

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,...

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

Bracewell LLP on

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

Troutman Pepper Locke

Hydropower Report: July 2020

Troutman Pepper Locke on

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...

Miller Starr Regalia on

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

Hogan Lovells

New legislation streamlines FERC licensing process for pumped storage and non-power dams

Hogan Lovells on

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

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

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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