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Environment & Energy Report

Supreme Court to Consider Taking Up Water Permitting Case

Dec. 6, 2019, 11:55 AM

The Supreme Court today will weigh in a closed-door conference whether to take up a dispute over states’ role in water permitting for pipelines, hydroelectric dams, and other projects.

  • California Trout v. Hoopa Valley Tribe centers on Section 401 of the Clean Water Act, which gives states a limited window of time to ensure that projects requiring federal permits also meet state water quality standards.
  • The question in the case is whether states unlawfully extended their review time for a hydropower project on the Klamath River. It’s an issue that has cropped up in litigation over pipelines and other projects....
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