NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY, Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent.
State of Washington; State of California; State of Connecticut; State of Maine; State of Michigan; State of Minnesota; State of New Jersey; State of Oregon; State of Vermont; Commonwealth of Virginia, Amici Supporting Petitioner.
Merced Irrigation District; National Hydropower Association; Nevada Irrigation District; Northwest Hydroelectric Association; Public Utility District No. 1 of Snohomish County, Washington; South Feather Water and Power Agency; Yuba Water Agency, Amici Supporting Respondent.
PK Ventures I Limited Partnership, Petitioner,
v.
Federal Energy Regulatory Commission, Respondent.
State of Washington; State of California; State of Connecticut; State of Maine; State of Michigan; State of Minnesota; State of New Jersey; State of Oregon; State of Vermont; Commonwealth of Virginia, Amici Supporting Petitioner.
Merced Irrigation District; National Hydropower Association; Nevada Irrigation District; Northwest Hydroelectric Association; Public Utility District No. 1 of Snohomish County, Washington; South Feather Water and Power Agency; Yuba Water Agency, Amici Supporting Respondent.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued: May 6, 2021.
Decided: July 2, 2021.
Attorney(s) appearing for the Case
ARGUED: David Montgomery Moore , EARTH & WATER LAW, LLC, Atlanta, Georgia; Asher Paris Spiller , NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Petitioners. Susanna Y. Chu , FEDERAL ENERGY REGULATORY COMMISSION, Washington, D.C., for Respondent. ON BRIEF: Joshua H. Stein , Attorney General, Taylor H. Crabtree , Assistant Attorney General, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Petitioner North Carolina Department of Environmental Quality. David L. Morenoff , Acting General Counsel, Robert H. Solomon , Solicitor, FEDERAL ENERGY REGULATORY COMMISSION, Washington, D.C., for Respondent. Robert W. Ferguson , Attorney General, Cindy Chang , Assistant Attorney General, Kelly T. Wood , Assistant Attorney General, OFFICE OF THE ATTORNEY GENERAL OF WASHINGTON, Seattle, Washington, for Amicus State of Washington. Xavier Becerra , Attorney General, Sarah E. Morrison , Supervising Deputy Attorney General, Tatiana K. Gaur , Deputy Attorney General, Catherina M. Wieman , Deputy Attorney General, Lani M. Maher , Deputy Attorney General, Environment Section, OFFICE OF THE ATTORNEY GENERAL OF CALIFORNIA, Los Angeles, California, for Amicus State of California. William Tong , Attorney General, Jill Lacedonia , Assistant Attorney General, OFFICE OF THE ATTORNEY GENERAL OF CONNECTICUT, Hartford, Connecticut, for Amicus State of Connecticut. Aaron M. Frey , Attorney General, Scott Boak , Assistant Attorney General, OFFICE OF THE ATTORNEY GENERAL OF MAINE, Augusta, Maine, for Amicus State of Maine. Dana Nessel , Attorney General, Fadwa Hammoud , Solicitor General, OFFICE OF THE ATTORNEY GENERAL OF MICHIGAN, Lansing, Michigan, for Amicus State of Michigan. Keith Ellison , Attorney General, Peter N. Surdo , Special Assistant Attorney General, OFFICE OF THE ATTORNEY GENERAL OF MINNESOTA, Saint Paul, Minnesota, for Amicus State of Minnesota. Gurbir S. Grewal , Attorney General, Kristina Miles , Deputy Attorney General, OFFICE OF THE ATTORNEY GENERAL OF NEW JERSEY, Trenton, New Jersey, for Amicus State of New Jersey. Ellen F. Rosenblum , Attorney General, Paul Garrahan , Attorney-in-Charge, Natural Resources Section, OREGON DEPARTMENT OF JUSTICE, Salem, Oregon, for Amicus State of Oregon. Thomas J. Donovan, Jr. , Attorney General, Laura B. Murphy , Assistant Attorney General, Environmental Protection Division, OFFICE OF THE ATTORNEY GENERAL OF VERMONT, Montpelier, Vermont, for Amicus State of Vermont. Mark R. Herring , Attorney General, Donald D. Anderson , Deputy Attorney General, Paul Kugelman, Jr. , Senior Assistant Attorney General, Section Chief, David C. Grandis , Senior Assistant Attorney General, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Amicus Commonwealth of Virginia. Charles R. Sensiba , Washington, D.C., Andrea W. Wortzel , Richmond, Virginia, Angela J. Levin , TROUTMAN PEPPER HAMILTON SANDERS, LLP, San Francisco, California; Michael A. Swiger , Sharon L. White , VAN NESS FELDMAN, LLP, Washington, D.C., for Amici Merced Irrigation District, National Hydropower Association, Nevada Irrigation District, Northwest Hydroelectric Association, Public Utility District No. 1 of Snohomish County, Washington, South Feather Water and Power Agency, and Yuba Water Agency.
Petition for review in No. 20-1655 granted and petition for review in No. 20-1671 dismissed in part and denied in part by published opinion. Senior Judge Traxler wrote the opinion, in which Judge King and Judge Thacker joined.
TRAXLER, Senior Circuit Judge:
In this case, we consider two petitions for review challenging the issuance of a license by the Federal Energy Regulatory Commission ("FERC") to McMahan Hydroelectric ("McMahan"), authorizing McMahan to operate the Bynum Hydroelectric Project (the "Project") on the Haw River in North Carolina. In Case No. 20-1655,...
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