California Water Board Power Upheld in Hydroelectric Case (1)

The Federal Energy Regulatory Commission was right to uphold a California board’s authority over the certification process required before a hydroelectric project license can be renewed, the D.C. Circuit said.

“FERC reasonably concluded that the Board did not coordinate a withdraw-and-refile scheme in the Yuba-Bear proceeding,” the US Court of Appeals for the D.C. Circuit said Thursday.

The panel also upheld FERC’s finding that the board didn’t waive its authority for a similar hydroelectric project, Drum-Spaulding in Northern California, that was also subject to litigation.

The Nevada Irrigation District challenged FERC’s determination that the California State ...