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Judges Deny FERC Claim of Scheme to Delay Water Plans (1)

Aug. 4, 2022, 5:53 PMUpdated: Aug. 4, 2022, 7:44 PM

An appellate panel on Thursday vacated a Federal Energy Regulatory Commission finding that California water officials lost their authority over certain hydroelectric projects.

Judges at the U.S. Court of Appeals for the Ninth Circuit said that FERC couldn’t establish that the California Water Resources Control Board “coordinated” with certain project applicants to delay reviews of hyroelectric projects mandated by the Clean Water Act.

The water quality certification process at issue allows states to make sure that projects with potential to dump pollution into navigable waters are up to par with state standards before federal permits are issued.

“The panel held ...