Forum
U.S. Court of Appeals for the Ninth Circuit
Case Status
Decided
Case Updates
Ninth Circuit vacates Federal Energy Regulatory Commission orders concluding that California agency had waived its authority under section 401 of the Clean Water Act to grant or deny water quality certifications for proposed federally licensed activities
August 04, 2022
The Ninth Circuit held that substantial evidence did not support FERC’s findings to effect that state agency had coordinated with project applicants to circumvent the Act’s one-year deadline for state action under section 401. The U.S. Chamber filed amicus brief opposing this outcome.
U.S. Chamber urges Ninth Circuit to hold that California waived its authority under section 401 of the Clean Water Act to grant or deny water quality certifications for proposed federally licensed activities by failing to act within a year
December 13, 2021
Click here to view the Chamber’s amicus brief.
Jonathan D. Brightbill and Lauren Gailey of Winston & Strawn LLP and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.