Regulators Urge Justices To Decline Review In Suit Over CWA 401 Denials

State and federal regulators are urging the Supreme Court not to take up a pending case over California’s repeated rejection of a proposed hydropower project under section 401 of the Clean Water Act (CWA), arguing that the suit has little to do with a growing nationwide battle around the law’s one-year deadline for those reviews. The Federal Energy Regulatory Commission (FERC), California State Water Resources Control Board (WRCB) and environmentalists all filed March 8 briefs opposing certiorari in Turlock...