January 26, 2019 / 1:35 AM / 6 months ago

D.C. Circuit nixes states' agreement to delay review of hydroelectric project

States cannot extend their one-year deadline to review proposals for interstate power-generating projects by arranging for the applicant to withdraw and resubmit an identical plan annually, a federal appeals court held in a strongly worded opinion on Friday.

The U.S. Circuit Court of Appeals for the District of Columbia said that the Federal Energy Regulatory Commission had abused its discretion by honoring a settlement agreement between Oregon, California and the owner of the Klamath Hydroelectric Project, which had delayed action on the project’s license renewal for more than a decade.

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