Court Appears Sympathetic To California In Test Of States’ 401 Deadline

May 12, 2022
Appellate judges appeared sympathetic to California’s and environmentalists’ position that the state did not waive its authority when three hydropower projects withdrew their requests for water quality certification, in a case that tests whether states’ one-year Clean Water Act (CWA) clock for making such decisions can be stopped. The consolidated case California State Water Resources Control Board (WRCB) v. Federal Energy Regulatory Commission (FERC) is the first time the U.S. Court of Appeals for the 9th Circuit has addressed...

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