D.C. Circuit Finds That California Agency Did Not Waive Clean Water Act Authority for Hydroelectric Power Plan Permitting

On Friday, June 17, the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) upheld a decision by the Federal Energy Regulatory Commission (FERC) in Turlock Irrigation District et al. v. Federal Energy Regulatory Commission et al. ruling that the California State Water Resources Control Board (Water Board) did not waive its authority to issue permits in connection with FERC’s licensing of the Don Pedro and La Grange hydroelectric plants (the Projects) in central California under Section 401 of the Clean Water Act. (more…)

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Supreme Court Lifts Stay of Trump-Era Clean Water Act Section 401 Certification Rule

On Wednesday, April 6, the U.S. Supreme Court stayed an order from the U.S. District Court for the Northern District of California vacating and remanding a 2020 rule from the Environmental Protection Agency (EPA) narrowing the ability of states and tribes to block infrastructure projects that discharge into waters of the United States under Section 401 of the Clean Water Act. (more…)

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