Legal Opinion
California ex rel. State Water Resources Control Board v. Federal Energy Regulatory Commission
Court of Appeals for the Ninth Circuit
Decided April 3, 1992No. Nos. 90-70203, 90-70320, 90-70360, 90-70366, 90-70367, 90-70463 and 90-70371PublishedCited by 2 opinions
1Opinion of the Court
T.G. NELSON, Circuit Judge.
A group of conservation organizations, two state agencies, the project sponsor and several hydropower industry representatives challenge the Federal Energy Regulatory Commission’s (FERC or Commission) issuance of a license for a small hydroelectric project in California. Petitioners raise issues concerning the Commission’s decisions relating to the stream flow regime, undue Congressional influence, waiver of state certification under the Clean Water Act, and the necessity of obtaining a special use authorization from the Bureau of Land Management of the Department…
2Cases cited26 opinions
- Richardson v. PeralesSupreme Court of the United States · 1971
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Consolidated Edison Co. v. National Labor Relations BoardSupreme Court of the United States · 1938
- Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
- Califano v. SandersSupreme Court of the United States · 1977
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3Cited by2 opinions
- California State Water Resourc v. FercCourt of Appeals for the Ninth Circuit · 2022
- State of California, Ex Rel. State Water Resources Control Board State of California, Ex Rel. California Department of Fish & Game Edison Electric Institute National Hydropower Association v. Federal Energy Regulatory Commission, Pacific Gas and Electric Company v. Federal Energy Regulatory Commission, Henwood Associates, Inc. v. Federal Energy Regulatory Commission, American Rivers, Inc. Friends of the River v. Federal Energy Regulatory CommissionCourt of Appeals for the Ninth Circuit · 1992