Case Summary Citation
Hoopa Valley Tribe v. FERC, 913 F.3d 1099 (D.C. Cir. 2019)
Abstract
In Hoopa Valley Tribe v. FERC, the Hoopa Valley Tribe challenged the intentional and continual delay of state water quality certification review of water discharged from a series of dams on the Klamath River in California and Oregon. The Federal Energy Regulatory Commission, the states of Oregon and California, and PacifiCorp, a hydroelectric operator, were implementing an administrative scheme designed to circumvent a one-year temporal requirement for review imposed on states by the Clean Water Act. This scheme allowed PacifiCorp to operate the series of dams for over a decade without proper state water quality certification. The United States Court of Appeals for the District of Columbia Circuit held in favor of the Hoopa Valley Tribe and vacated FERC’s ruling while also holding that Oregon and California had waived their Section 401 water quality certification authority.
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