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.
Marking the culmination of a multiyear struggle where Pacific Gas and Electric (PG&E) had sought to evade regulation of hydropower projects under Section 401 of the Clean Water Act, the California Sportfishing Protection Alliance (CSPA) shared that 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 ventures.
The U.S. Environmental Protection Agency (EPA) and the U.S. Department of the Army announced a final rule amending the 2023 definition of ‘waters of the United States’ to conform with the recent Supreme Court decision in Sackett v. EPA. The agencies are committed to following the law and implementing the Clean Water Act to deliver the essential protections that safeguard the nation’s waters from pollution and degradation. This action provides the clarity that is needed to advance these goals, while moving forward with infrastructure projects, economic opportunities, and agricultural activities