Law360 (January 22, 2021, 6:16 PM EST) -- North Carolina said Friday that the Federal Energy Regulatory Commission erred when it stripped it of its power to approve or deny water certificates for a hydroelectric dam project, because the federal agency mistakenly construed the state's communication about the application.
The North Carolina Department of Environmental Protection told the Fourth Circuit that FERC had set up an arbitrary rationale for stripping the agency of its ability to issue or deny water certificates for McMahan Electric LLP, which had requested permissions to run a hydroelectric dam in the state.
While FERC had indicated that a waiver of the state's rights had...
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