Alabama Rivers Alliance v. FERC

Alabama Rivers Alliance v. FERC

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...
Alabama Rivers Alliance v. FERC

California Trout, Inc. v. FERC

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.
Alabama Rivers Alliance v. FERC

American Rivers v. FERC

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...
Alabama Rivers Alliance v. FERC

North Carolina v. FERC

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...