DC Circuit weighs FERC finding in Vermont hydro case

By Pamela King | 01/14/2025 01:56 PM EST

Judges considered the agency’s determination that Vermont still has time to certify that a set of hydroelectric plants comply with state water quality standards.

E. Barrett Prettyman Federal Courthouse, home to the U.S. Court of Appeals for the D.C. Circuit.

A view of the E. Barrett Prettyman Federal Courthouse, home to the U.S. Court of Appeals for the District of Columbia Circuit. Susan Walsh/AP

A federal appeals court Monday grappled with claims that U.S. energy regulators had unlawfully extended Vermont’s involvement in the relicensing process for a set of hydroelectric power plants in the northern part of the state.

During oral arguments, three judges of the U.S. Court of Appeals for the District of Columbia Circuit did not clearly indicate whether they thought the Federal Energy Regulatory Commission was wrong to find that Vermont still had time to confirm that the hydropower project in the village of Morrisville meets state water quality requirements.

That determination has put Morrisville’s investment in jeopardy, said Paul Nolan, a private attorney representing the village.

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“We have a lot at risk here,” he said, “and we’re not playing games.”

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