U.S. Court of Appeals for the District of Columbia Circuit Backs FERC Decision
On July 10, 2025, the U.S. Court of Appeals for the District of Columbia Circuit issued an unpublished opinion upholding the Federal Energy Regulatory Commission’s (FERC) determination that the California’s State Water Resources Control Board (SWRCB) had not waived its authority under Section 401 of the Clean Water Act to certify the Yuba-Bear and Drum-Spaulding hydroelectric projects’ compliance with state water quality requirements. In doing so, the court rejected petitioner Nevada Irrigation District’s (NID) argument that the SWRCB failed to act within the statutory deadline on certification requests that had been withdrawn before the SWRCB was required to act.
WPLG shareholder Julie Gantenbein represented California Sportfishing Protection Alliance, American Whitewater, Friends of the River, Sierra Club, and South Yuba River Citizens League as Intervenors for the Respondent, filing briefs arguing in support of FERC’s decision upholding the SWRCB’s certification authority.
The court found that the SWRCB’s conduct was consistent with its statutory role. The court relied on recently established CWA section 401 precedents—many of which WPLG’s clients have helped develop—to unequivocally uphold FERC’s findings and procedural determinations. WPLG is pleased to contribute to this outcome.