Blog: Supreme Court of California finds FERC license preempts challenge to FERC order
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. The case stems from the Federal Energy Regulatory Commission (FERC or Commission) relicensing proceeding for the Oroville Hydroelectric Project (Project) in Butte County, CA in which the California Department of Water Resources (DWR) is the FERC licensee.