DC Circ. Tosses Alcoa's Dam Relicensing Case

Law360, New York (May 3, 2011, 7:50 PM EDT) -- The D.C. Circuit on Tuesday nixed Alcoa Power Generating Inc.'s bid to expedite a license to operate dams on the Yadkin River in North Carolina, rejecting the company's contention that the state waived its authority by not issuing a water quality certificate.

A three-judge panel for the D.C. Circuit agreed with a Federal Energy Regulatory Commission ruling that the N.C. Department of Environment and Natural Resources had not sought to block the Alcoa Inc. subsidiary from using a not-yet-effective certification to receive the new license....
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