D.C. Circuit Rejects Push To Broadly Apply Landmark CWA 401 Ruling

June 21, 2022
A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit has unanimously rejected an attempt by California hydropower operators to broadly apply a landmark Clean Water Act (CWA) section 401 ruling that limited state water quality reviews, finding the circumstances in the precedential ruling do not apply here. “We agree with FERC that the California Board did not waive its certification authority under section 401(a)(1) and that FERC’s ruling is not contrary to Hoopa Valley...

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