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Good News for Fish: Clean Water Act Holds for PG&E Hydropower Projects on Yuba and Bear Rivers
The California Sportfishing Protection Alliance (CSPA) is pleased to report that the Federal Energy Regulatory Commission (FERC) issued an Order on September 5, 2023 that upholds the California State Water Board’s authority to require a “water quality certification” for new hydropower licenses for the Upper Drum-Spaulding, Lower Drum, and Deer Creek hydroelectric projects. The Order ends…
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CSPA Marks Poe Hiking Trail Victory over PG&E
The California Sportfishing Protection Alliance (CSPA), along with American Whitewater (AW), scored a significant victory on October 20, 2022 when the Federal Energy Regulatory Commission (FERC) issued an Order reaffirming a requirement that Pacific Gas and Electric Company must construct a “Poe Hiking Trail” along the North Fork Feather River. The Order gave PG&E 90…
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Court Ruling Finds FERC 401 Waiver Not Justified – Important Implications for California Hydropower Project Licenses
On July 2, 2021, the Fourth Circuit U.S. Court of Appeals issued an important decision regarding Section 401 of the Clean Water Act, overturning an Order by the Federal Energy Regulatory Commission (FERC). FERC’s Order had found that the state of North Carolina had unlawfully “coordinated” with the license applicant to delay the state’s certification…
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Here We Go Again – FERC Rapidly Issuing Waivers on Water Quality Certifications for California Dams
By Cindy Charles The Federal Energy Regulatory Commission (FERC) continues to roll out waivers for water quality certifications for dam relicensings in California at an alarming rate. On June 22, CSPA and allies in the Foothills Water Network[1] (Network) filed another Request for Rehearing on an “Order on Waiver of Water Quality Certification”. The order…
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Foothills Network Files for Rehearing of 401 Waiver on Nevada Irrigation District’s Yuba-Bear Project
By Cindy Charles CSPA and allies in the Foothills Water Network (Network) filed a Request for Rehearing on an “Order on Waiver of Water Quality Certification” for Nevada Irrigation District’s (NID) Yuba-Bear Hydroelectric Project. The Network filed the Request with the Federal Energy Regulatory Commission (FERC) on May 15, 2020. Section 401 of the federal…