California v. Federal Energy Regulatory Commission

This case concerns overlapping federal and state regulation of a hydroelectric project located near a California stream. California seeks to ensure that the project’s operators maintain water flowing in the stream sufficient, in the State’s judgment, to protect the stream’s fish. The Federal Government claims the exclusive authority to set the minimum stream flows that the federally licensed powerplant must maintain. Each side argues that its position is consistent with the Federal Power Act, ch. 285, 41 Stat. 1063, as amended, 16 U. S. C. §791a et seq. (1982 ed.), and, in particular, with…