News & Analysis as of

Hydropower Infrastructure Federal Energy Regulatory Commission

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

FERC Issues Notice of Proposed Rulemaking to Conform to EPA’s Recent CWA § 401 Rule

Troutman Pepper Locke on

At its May 23, 2024 open meeting, the Federal Energy Regulatory Commission (“FERC”) issued a Notice of Proposed Rulemaking (“NOPR”) proposing to establish a one-year “reasonable period of time” for certifying authorities to...more

Troutman Pepper Locke

FERC Issues Notice of Proposed Rulemaking to Conform to EPA’s Recent CWA 401 Rule

Troutman Pepper Locke on

At its May 23 open meeting, the Federal Energy Regulatory Commission (FERC) issued a Notice of Proposed Rulemaking (NOPR), proposing to establish a one-year “reasonable period of time” for certifying authorities to act on...more

Troutman Pepper Locke

FERC Establishes New Policy to Reject Hydropower Preliminary Permit Applications Based on Tribal Opposition to Projects Located on...

Troutman Pepper Locke on

At the February 15, 2024, FERC open meeting and in four orders issued the same day, FERC established a new policy governing its issuance of preliminary permits under section 4(f) of the Federal Power Act (“FPA”), pursuant to...more

White & Case LLP

Summary of FERC Meeting Agenda for April 2022

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Below are summaries of the agenda items for the Federal Energy Regulatory Commission's April 21, 2022 open meeting, pursuant to the sunshine notice released on April 14, 2022....more

Morgan Lewis - Power & Pipes

FERC Issues License to Groundbreaking Wave Energy Testing Facility

FERC issued an original license for a period of 25 years, pursuant to Part I of the Federal Power Act, to Oregon State University (OSU) to construct, operate, and maintain the proposed PacWave South Hydrokinetic Project No....more

Mayer Brown

US Energy Regulator Considers Financial Requirements for Hydropower Projects

Mayer Brown on

Under the Federal Power Act (FPA), the US Federal Energy Regulatory Commission (“FERC” or “Commission”) licenses and regulates over 1,600 hydroelectric project dams, diversions, and related hydropower facilities....more

Morgan Lewis - Power & Pipes

FERC Issues Notice of Inquiry on Financial Assurance Measures for Hydroelectric Projects

FERC has issued a notice of inquiry inviting comments on potential changes to its regulations requiring financial assurance measures in licenses and other authorizations for hydroelectric projects. As of December 2020, FERC...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

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