Hoopa Valley Tribe v. FERC

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

September 4, 2019December 9, 2019Matthew L.M. Fletcher

Here:

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:

California Trout Reply

D.C. Circuit Grants Hoopa Tribe Petition re: Klamath River Hydropower

January 25, 2019Matthew L.M. Fletcher

Here is the opinion in Hoopa Valley Tribe v. FERC.

Briefs here.

D.C. Circuit Briefs in Hoopa Valley Tribe v. FERC (Klamath Hydroelectric Project)

October 9, 2015January 25, 2019Matthew L.M. Fletcher

Here:

California State Water Resources Control Board Amicus Brief

Oregon Amicus Brief

D.C. Circuit Rejects Hoopa’s Challenge to FERC’s Licensing of Klamath River Dam

December 29, 2010December 28, 2010Matthew L.M. Fletcher

Here is the opinion.

Briefs are here.

Briefing in Hoopa Valley Tribe Challenge to Klamath River Dam in D.C. Circuit

June 7, 2010Matthew L.M. Fletcher1 Comment

Here are the materials in Hoopa Valley Tribe v. FERC:

Hoopa Opening Brief

FERC Answer Brief

PacifiCorp Intervenor Brief

Hoopa Reply Brief