California ex rel. State Water Resources Control Board v. Federal Energy Regulatory Commission

A group of conservation organizations, two state agencies, the project sponsor and several hydropower industry representatives challenge the Federal Energy Regulatory Commission’s (FERC or Commission) issuance of a license for a small hydroelectric project in California. Petitioners raise issues concerning the Commission’s decisions relating to the stream flow regime, undue Congressional influence, waiver of state certification under the Clean Water Act, and the necessity of obtaining a special use authorization from the Bureau of Land Management of the Department of Interior (BLM). We deny the Commission’s motion to dismiss the petitions relating to the BLM issue, and grant the peti *1545 tions for review as to that issue. We deny the petitions for review on all other issues.

BACKGROUND

Henwood Associates, a closely held corporation engaged in hydropower development in California, proposes to construct a hydroelectric power project at Dynamo Pond on Green Creek, a tributary of the East Walker River in Mono County, California. Henwood’s plans include the rehabilitation of a small dam that had created Dynamo Pond and diversion of some of the stream’s flow through a buried…