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Senator Manchin’s Permitting Reform Bill Pulled From the Continuing Resolution

On September 21, Senator Joe Manchin (D-WV), Chairman of the Senate Energy and Natural Resources Committee, released the text of the Energy Independence and Security Act of 2022 (Act). This comprehensive Act was set to be...more

Supreme Court of California Finds FERC License Preempts Challenge to FERC Order

On August 1, the Supreme Court of California upheld a decision by the Court of Appeal, which found that the Federal Power Act (FPA) preempts application of the California Environmental Quality Act (CEQA) when the state is...more

Tenth Circuit Resolves Jurisdictional Dispute, Finds FPA Jurisdictional Limit Does Not Apply to Non-FERC Agency Orders

On September 30, the U.S. Court of Appeals for the Tenth Circuit issued an opinion in Save the Colorado, et al. v. Spellmon. The case arose from various conservation group challenges to the U.S. Army Corps of Engineers...more

FERC Denies Interior’s Requirement for Ongoing Species Notifications

On September 22, the Federal Energy Regulatory Commission (Commission or FERC) issued an order on rehearing (Rehearing Order), denying the U.S. Department of the Interior’s (Interior) request to include a requirement for a...more

Hydropower Industry Teams With Tribes, Conservation Organizations to Develop Legislative Package for Licensing Reform

On April 3, representatives of the hydropower industry, Native American tribes, and conservation organizations provided a package of proposed legislative reforms to the Federal Power Act (FPA) to the ranking members of the...more

Denver Water Files Complaint in Federal Court, Seeking Preemption of Boulder County Regulation Due to FERC Hydroelectric Project...

On July 14, 2021, the City and County of Denver, Colorado, acting through its Board of Water Commissioners (“Denver Water”), filed a Complaint in the United States District Court for the District of Colorado, requesting...more

$15 Million Civil Penalty Assessed for Licensee Failure to Respond to FERC Directives Following Michigan Dam Breaches

In an April 15 order, the Federal Energy Regulatory Commission (FERC, or the Commission) imposed a historic $15 million civil penalty on the licensee for the Sanford, Secord, and Smallwood Dams in Michigan for failing to...more

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