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Analysis of the new Clean Water Act Section 401 Rule
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Analysis of the new Clean Water Act Section 401 Rule

On September 5, 2023, the Federal Energy Regulatory Commission (FERC) issued an Order that reaffirms the California State Water Board’s authority to enforce a “water quality certification” for new hydropower licenses granted to projects such as the Upper Drum-Spaulding, Lower Drum, and Deer Creek hydroelectric projects.