The Federal Energy Regulatory Commission said it acted reasonably when letting a California water board keep its authority over granting a water quality certification for a hydroelectric project trying to get relicensed.
The Nevada Irrigation District—a Northern California water agency—misinterpreted the Clean Water Act and didn’t show the state board was making prejudiced decisions, FERC said in its brief filed with the US Court of Appeals for the D.C. Circuit on Thursday.
The law requires an entity seeking a federal license for a hydroelectric facility to first apply for state certification of compliance with water quality standards.
However, if ...
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