A federal appeals court on Thursday found California could still review whether a pair of hydroelectric projects in the state comply with its water quality standards during license renewal proceedings.
The U.S. Court of Appeals for the District of Columbia Circuit determined the Federal Energy Regulatory Commission was right when it found the California State Water Resources Control Board had not waived its authority under the Clean Water Act to review re-authorizations for the Yuba-Bear and Drum-Spaulding hydroelectric projects.
The Nevada Irrigation District, which had applied with FERC to renew its licenses for the two projects, said in its lawsuit that the board had waived certification authority by engaging in a “coordinated” effort to go beyond the one-year statutory deadline to review the projects.
But the three-judge panel agreed with FERC that state officials had not coordinated with the project developer to delay the review process for the projects.
