Legal Opinion
American Rivers, Inc., and the State of Vermont v. Federal Energy Regulatory Commission, Green Mountain Power and Trout Unlimited, Intervenors
Court of Appeals for the Second Circuit
Decided November 5, 1997No. 1169, 1170, 1171 and 1172, Dockets 96-4110L, 96-4112CON, 96-4116CON and 96-4118CONPublishedCited by 16 opinions
1Opinion of the Court
WALKER, Circuit Judge:
Petitioners, the State of Vermont and American Rivers, Inc., seek review of several orders issued by the Federal Energy Regulatory Commission (“FERC” or “Commission”) licensing six hydropower projects located on rivers within the State of Vermont. The dispute surrounds (1) the authority of the State under § 401 of the Clean Water Act (“CWA”), 33 U.S.C. § 1341, to certify — prior to the issuance of a federal license — that such projects will comply with federal and state water quality standards and (2) the appropriate route for review of a state’s certification decisions.…
2Cases cited9 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- First Iowa Hydro-Electric Cooperative v. Federal Power CommissionSupreme Court of the United States · 1946
- Pud No. 1 of Jefferson County v. Washington Department of EcologySupreme Court of the United States · 1994
- Escondido Mutual Water Co. v. La Jolla Band of Mission IndiansSupreme Court of the United States · 1984
- California v. Federal Energy Regulatory CommissionSupreme Court of the United States · 1990
4 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Lake Carriers' Ass'n v. Environmental Protection AgencyCourt of Appeals for the D.C. Circuit · 2011
- American Rivers Pacific Rivers Council Oregon Natural Resources Council Waterwatch of Oregon and Friends of the Earth, United States Department of Interior, Petitioner-Intervenor v. Federal Energy Regulatory Commission, Eugene Water and Electric Board, Respondent-Intervenor. Oregon Department of Fish and Wildlife v. Federal Energy Regulatory Commission, Eugene Water and Electric Board, Respondent-IntervenorCourt of Appeals for the Federal Circuit · 1999
- S.D. Warren Co. v. Board of Environmental ProtectionSupreme Judicial Court of Maine · 2005
- Sierra Club v. U.S. Army Corps of EngineersCourt of Appeals for the Fourth Circuit · 2018
- FPL Energy Maine Hydro LLC v. Department of Environmental ProtectionSupreme Judicial Court of Maine · 2007
11 more not listed; retrieve them via the Exa API.