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Environment & Energy Report

FERC Urges Supreme Court to Pass on State Water Permitting Case

Oct. 29, 2019, 4:08 PM

The Supreme Court shouldn’t wade into a legal fight over state water permitting for hydroelectric dams and other energy projects, lawyers for the Trump administration said in a new filing.

Solicitor General Noel J. Francisco and top lawyers for the Federal Energy Regulatory Commission argued that a lower court’s recent ruling on the issue was correct. They also said the timing wouldn’t be right anyway for the justices to take up a dispute involving the balance between state and federal authority over Clean Water Act approvals for major projects.

The underlying...

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