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Environmental Law and Policy Monitor

Analysis and commentary on developments in environmental and natural resources law

Preempt

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Supreme Court of California Finds FERC License Preempts Challenge to FERC Order

By Elizabeth McCormick & Chuck Sensiba on October 18, 2022
Posted in California, FERC, Hydropower

On August 1, the Supreme Court of California upheld a decision by the Court of Appeal, which found that the Federal Power Act (FPA) preempts application of the California Environmental Quality Act (CEQA) when the state is acting on its own behalf as licensee of a hydroelectric project.

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