by Hydropower Reform Coalition | Feb 20, 2020
325 F.3d 290 (D.C. Cir. 2003) Issue. Was the installation and operation of the three new turbine generators at the project an activity which may result in any discharge for purposes of § 401(a)(1) of the CWA? Holding. The licensee must obtain a new or amended water...
by Hydropower Reform Coalition | Jan 1, 2002
313 F.3d 1131 (2002) Issue. Does a licensee have to obtain State water quality certification for an annual license? Holding. Annual licenses are not subject to the requirement that licensees obtain State water quality certification.
by Hydropower Reform Coalition | Jan 1, 1999
201 F.3d 1186 (9th Cir. 1999) (American Rivers II) Issue 1. Does the FPA require FERC to consider a pre-project baseline for purposes of environmental review? Holding. FERC is not required to employ a pre-project baseline of the river’s environment. Issue 2. Does FERC...
by Hydropower Reform Coalition | Jan 1, 1997
116 F.3d 507 (D.C. Cir. 1997) Issue. Does FERC have the authority to include § 4(e) conditions in re-licenses? Holding. FERC’s authority under FPA § 4(e) to include conditions in license extends to relicensing.
by Hydropower Reform Coalition | Jan 1, 1997
112 F.3d 1175 (D.C. Cir. 1997) Issue. Should FERC have required the licensee to obtain a water quality certification prior to granting a license amendment that would decrease the volume of a pre-existing discharge? Holding. Because the withdrawal of water from Lake...
