Topic
Hydropower
77 published works
Washington Energy Report
FERC Streamlines Reviews to Expedite Actions at Hydropower Projects
By Monica Sterling, Sahara Shrestha
On July 16, 2026, the Federal Energy Regulatory Commission (FERC or Commission) unanimously approved measures in two orders streamlining its National Environmental Policy Act (NEPA) review procedures for certain hydropower-related…
Washington Energy Report
FERC Proposes NEPA Categorical Exclusion for Certain Hydropower Terminations and Revocations
By Sahara Shrestha, Chuck Sensiba
On February 19, 2026, the Federal Energy Regulatory Commission (FERC) issued a notice of proposed rulemaking that would expand an existing National Environmental Policy Act (NEPA) categorical exclusion to cover…
Environmental Law & Policy Monitor
One Stop Shop: Court Confirms Exclusive Jurisdiction of U.S. Courts of Appeals Over Review of Licensed Hydropower Projects
By Dustin Till, Chuck Sensiba, Andrea Wortzel
In a significant victory for the hydropower industry, last week the U.S. District Court for the District of Oregon issued an order in Cascadia Wildlands v. EWEB (Case No. 6:25-00446),…
Environmental Law Prof Blog
Will Google Get Hydropower Right?
A few days ago, Google and Brookfield Asset Management announced a massive hydropower deal. Google will invest billions in hydropower, beginning with power purchases from two major dams on the…
Environmental Law & Policy Monitor
FERC Revises Regulations Implementing NEPA; Adopts Two Hydropower-Related Categorical Exclusions
By Chuck Sensiba, Elizabeth McCormick, Andrea Wortzel
On July 3, 2025, the Federal Energy Regulatory Commission (FERC) issued a final rule revising its regulations implementing the National Environmental Policy Act of 1969 (NEPA) to remove references to…
Washington Energy Report
FERC Establishes New Policy to Reject Hydropower Preliminary Permit Applications Based on Tribal Opposition to Projects Located on Their Tribal Lands
By Sahara Shrestha, Elizabeth McCormick
At the February 15, 2024, FERC open meeting and in four orders issued the same day, FERC established a new policy governing its issuance of preliminary permits under section 4(f)…
CEQA Developments
That Dam Case (Again): Third District Upholds Oroville Hydropower Facilities Relicensing EIR Against Numerous CEQA Challenges
By Matthew C. Henderson, Arthur F. Coon
On April 7, 2023, the Third District Court of Appeal filed a lengthy published opinion – the latest installment in one of the longer ongoing CEQA battles in recent memory…
Washington Energy Report
DOE Releases Awaited Draft Guidance for Bipartisan Infrastructure Law Hydropower Incentive
By Morgan Gerard, Chuck Sensiba
On February 8, the U.S. Department of Energy (DOE) released draft guidance (Draft Guidance) on the Infrastructure Investment and Jobs Act (Act) (known as the Bipartisan Infrastructure Law) Section 247…
Washington Energy Report
Funding Begins for Hydropower Research and Development and Fish Passage
By Morgan Gerard, Chuck Sensiba, Troutman Pepper Locke
In December 2022, several federal agencies announced awards and recommendations for Bipartisan Infrastructure Law (BIL) funding. The BIL represents a core piece of President Biden’s agenda and provides significant funding for infrastructure…
Washington Energy Report
Hydropower: 2022 Lookback and 2023 Trendspotting
By Morgan Gerard, Chuck Sensiba
2022 was an active year for the hydropower industry, and as 2023 begins, it’s appropriate to review last year’s highlights and forecast the anticipated trends to continue this year. Historic…