9th Circ. Tosses Challenge To Calif. Desert Hydro Project

By Juan Carlos Rodriguez (July 28, 2021, 7:09 PM EDT) -- The Ninth Circuit on Wednesday rejected an environmental group's claim that the Federal Regulatory Energy Commission improperly extended the deadline for a California hydroelectric project to begin construction.

The National Parks Conservation Association had attempted to intervene in the FERC proceedings over the deadline extensions but was shot down by the commission, which said automatic interventions aren't allowed for those matters and there weren't any circumstances that warranted departing from its practice.

According to the Ninth Circuit, although there is ambiguity in the regulation that FERC says bars automatic intervention in deadline extension proceedings, under the Federal Power Act the commission...

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