CALIFORNIA STATE WATER RESOURCES CONTROL BOARD, Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent,
Nevada Irrigation District, Intervenor.
South Yuba River Citizens League; California Sportfishing Protection Alliance; Friends of the River; Mother Lode Chapter of the Sierra Club, Petitioners,
v.
Federal Energy Regulatory Commission, Respondent,
Nevada Irrigation District, Intervenor.
California State Water Resources Control Board, Petitioner,
v.
Federal Energy Regulatory Commission, Respondent,
Yuba County Water Agency, Respondent-Intervenor.
South Yuba River Citizens League; California Sportfishing Protection Alliance; Friends of the River; Mother Lode Chapter of the Sierra Club, Petitioners,
v.
Federal Energy Regulatory Commission, Respondent,
Yuba County Water Agency, Respondent-Intervenor.
California State Water Resources Control Board, Petitioner,
v.
Federal Energy Regulatory Commission, Respondent,
Merced Irrigation District, Respondent-Intervenor.
California Sportfishing Protection Alliance; Friends of the River; Sierra Club and Its Tehipite Chapter, Petitioners,
v.
Federal Energy Regulatory Commission, Respondent,
Merced Irrigation District, Respondent-Intervenor.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted May 12, 2022 Pasadena, California.
Julie Gantenbein (argued), Water and Power Law Group PC, Berkeley, California; Andrew M. Hawley , Western Environmental Law Center, Seattle, Washington; for Petitioners South Yuba River Citizens League, California Sportfishing Protection Alliance, Friends of the River, and Sierra Club and its Mother Lode and Tehipite Chapters.
Andrea W. Wortzel , Troutman Pepper Hamilton Sanders LLP, Richmond, Virginia; Charles R. Sensiba and Morgan M. Gerard , Troutman Pepper Hamilton Sanders LLP, Washington, D.C.; for Amici Curiae National Hydropower Association and Northwest Hydroelectric Association.
Gabrielle Gurian and Kelly Thomas Wood , Assistant Attorneys General; Robert W. Ferguson , Attorney General; Office of the Attorney General, Olympia, Washington; Jill Lacedonia , Assistant Attorney General; William Tong , Attorney General; Office of the Attorney General, Hartford, Connecticut; Scott W. Boak ; Aaron M. Frey , Attorney General; Office of the Attorney General, Augusta, Maine; Gillian Wener ; Dana Nessel , Attorney General; Office of the Attorney General, ENRA Division, Lansing, Michigan; Peter N. Surdo , Special Assistant Attorney General; Keith Ellison , Attorney General; Office of the Attorney General, Saint Paul, Minnesota; Kristina Miles , Deputy Attorney General; Andrew J. Bruck , Acting Attorney General; Office of the Attorney General, Environmental Permitting and Counseling, Trenton, New Jersey; William Grantham , Assistant Attorney General; Hector Balderas , Attorney General; Office of the Attorney General, Consumer and Environmental Protection Division, Albuquerque, New Mexico; Taylor H. Crabtree and Asher P. Spiller , Assistant Attorneys General; Daniel S. Hirschman , Senior Deputy Attorney General; Joshua S. Stein , Attorney General; Department of Justice, Raleigh, North Carolina; Paul Garrahan , Attorney-in-Charge; Ellen F. Rosenblum , Attorney General; Natural Resources Section, Department of Justice, Salem, Oregon; Laura B. Murphy ; Thomas J. Donovan, Jr. , Attorney General; Office of the Attorney General, Montpelier, Vermont; Brian R. Caldwell ; Karl A. Racine , Attorney General; Public Advocacy Division, Washington, D.C.; Turner H. Smith , Deputy Chief; Matthew Ireland , Assistant Attorney General; Maura Healey , Attorney General; Office of the Attorney General, Environmental Protection Division, Boston, Massachusetts; Donald D. Anderson , Deputy Attorney General; David C. Grandis , Chief, Environmental Section; Mark R. Herring , Attorney General; Office of the Attorney General, Richmond, Virginia; for Amici Curiae States of Washington, Connecticut, Maine, Michigan, Minnesota, New Jersey, New Mexico, North Carolina, Oregon, Vermont, the District of Columbia, and the Commonwealths of Massachusetts and Virginia.
Before: Paul J. Watford and Michelle T. Friedland, Circuit Judges, and Carol Bagley Amon, District Judge.
OPINION
FRIEDLAND, Circuit Judge:
Section 401 of the Clean Water Act gives states the authority to impose conditions on federal licenses for hydroelectric projects to ensure that those projects comply with state water quality standards. In these consolidated cases, we consider several petitions for review of decisions by the Federal Energy...
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