California Trout & Trout Unlimited v. Hoopa Valley Tribe & FERC Cert Petition


Cert Petition

Question presented:

Do states waive their authority under section 401 of the Clean Water Act if they do not approve or deny a certification request within one year, even when an applicant withdraws and resubmits the request before that one year ends?

Lower court materials here.

UPDATE — cert stage briefs:

Hoopa BIO

PacifiCorp BIO

States Amicus Brief


California Trout Reply