Charles Sensiba

Troutman Pepper

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Senators Murkowski and Cantwell Introduce Bipartisan Hydropower Legislation

USA - July 26 2021 In June 2021, Senators Lisa Murkowski (R-AK) and Maria Cantwell (D-WA) introduced The Maintaining and Enhancing Hydroelectric and River Restoration…

Elizabeth J. McCormick.

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

USA - July 26 2021 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…

Elizabeth J. McCormick.

FERC Terminates Licenses for Projects Involved in Michigan Dam Breach

USA - June 1 2021 In an order dated May 20, 2021, the Federal Energy Regulatory Commission (FERC, or the Commission) terminated the hydropower licenses for three…

Melissa Horne.

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

USA - April 26 2021 In an April 15 order, the Federal Energy Regulatory Commission (FERC, or the Commission) imposed a historic $15 million civil penalty on the licensee…

Melissa Horne.

FERC’s Clean Water Action Section 401 Waiver Analysis Continues to Evolve

USA - January 22 2021 In 2019, the D.C. Circuit in Hoopa Valley Tribe v. FERC held that the plain language of Clean Water Act (CWA) Section 401 establishes a bright-line…

Morgan M. Gerard.