FERC declaratory order finding waiver of California Section 401 authority challenged in Ninth Circuit
The California State Water Resources Control Board and a group of environmental organizations each have filed a petition for review with the U.S. Court of Appeals for the Ninth Circuit of FERC orders finding that the Water Board waived its authority under section 401 of the Clean Water Act to issue a water quality certification in the ongoing relicensing of Merced Irrigation District’s Merced River and Merced Falls Projects.