Industry Prepares High Court Petition In Bid To Limit 401 Decision Timeline

December 6, 2022
California hydropower operators are preparing to ask the Supreme Court to reverse an appellate ruling that rejected their attempt to broadly apply a landmark Clean Water Act (CWA) section 401 decision limiting state water quality reviews. The high court late last month gave the industry group until Jan. 4 to file a certiorari petition in the closely watched case, Turlock Irrigation District and Modesto Irrigation District v. Federal Energy Regulatory Commission (FERC) . Once filed, the petition will be...


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