TURLOCK IRRIGATION DISTRICT and Modesto Irrigation District, Petitioners
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondents
American Whitewater, et al., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Eric M. Katz , Supervising Deputy Attorney General, Office of the Attorney General for the State of California, argued the cause for intervenor California State Water Resource Control Board in support of respondent. With him on the brief were Rob Bonta , Attorney General, Robert W. Byrne , Senior Assistant Attorney General, and Jennifer Kalnins Temple and Adam L. Levitan , Deputy Attorneys General.
Robert W. Ferguson , Attorney General, Office of the Attorney General for the State of Washington, Kelly T. Wood and Gabrielle Gurian , Assistant Attorneys General, Philip J. Weiser , Attorney General, Office of the Attorney General for the State of Colorado, Carrie Noteboom , First Assistant Attorney General, William Tong , Attorney General, Office of the Attorney General for the State of Connecticut, Jill Lacedonia , Assistant Attorney General, Karl A. Racine , Attorney General, Office of the Attorney General for the District of Columbia, Caroline Van Zile , Acting Solicitor General, Kwame Raoul , Attorney General, Office of the Attorney General for the State of Illinois, Aaron M. Frey , Attorney General, Office of the Attorney General for the State of Maine, Brian Frosh , Attorney General, Office of the Attorney General for the State of Maryland, Adam D. Snyder , Assistant Attorney General, Keith Ellison , Attorney General, Office of the Attorney General for the State of Minnesota, Peter N. Surdo , Special Assistant Attorney General, Matthew J. Platkin , Acting Attorney General, Office of the Attorney General for the State of New Jersey, Lisa J. Morelli , Deputy Attorney General, Hector Balderas , Attorney General, Office of the Attorney General for the State of New Mexico, William Grantham , Assistant Attorney General, Letitia James , Attorney General, Office of the Attorney General for the State of New York, Barbara D. Underwood , Solicitor General, Brian Lusignan , Assistant Attorney General, Joshua S. Stein , Attorney General, Office of the Attorney General for the State of North Carolina, Asher P. Spiller , Assistant Attorney General, Ellen F. Rosenblum , Attorney General, Office of the Attorney General for the State of Oregon, Paul Garrahan , Attorney-in-Charge, Thomas J. Donovan, Jr. , Attorney General, Office of the Attorney General for the State of Vermont, Laura B. Murphy , Assistant Attorney General, Maura Healey , Attorney General, Office of the Attorney General for the State of Massachusetts, Matthew Ireland , Assistant Attorney General, Turner H. Smith , Assistant Attorney General and Deputy Chief, Josh Shapiro , Attorney General, Office of the Attorney General for the Commonwealth of Pennsylvania, Aimee D. Thomson , Deputy Attorney General, Jason Miyares , Attorney General, Office of the Attorney General for the Commonwealth of Virginia, were on the brief for amici curiae States of Washington, et al. in support of respondents.
Before: Wilkins and Walker, Circuit Judges, and Randolph, Senior Circuit Judge.
Randolph, Senior Circuit Judge.
An applicant for a federal license to operate a hydroelectric facility must seek a State certification that the facility's discharges will comply with the water quality standards specified in federal law. 33 U.S.C. § 1341(a)(1). The State may grant the applicant's request...
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