18 C.F.R. §4.34 - Hearings on applications; consultation on terms and conditions; motions to intervene; alternative procedures
Cite as | 18 C.F.R. §4.34 |
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21 cases
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Cnty. of Butte v. Dep't of Water Res.
...FERC has sole jurisdiction over disputes concerning the licensing process employed here ( County of Butte , supra , C071785; see 18 C.F.R. § 4.34(i)(6)(vii) ), and the requested injunction would be akin to the "veto power" prohibited by First Iowa Coop. v. Federal Power Comm'n (1946) 328 U.......
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Cnty. of Butte v. Dep't of Water Res.
...FERC has sole jurisdiction over disputes concerning the licensing process employed here ( County of Butte , supra , C071785; see 18 C.F.R. § 4.34(i)(6)(vii) ), and the requested injunction would be akin to the "veto power" prohibited by First Iowa Coop. v. Federal Power Comm'n (1946) 328 U.......
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Merced Irrigation Dist. v. Cnty. of Mariposa, Case No. 1:12–cv–01645–LJO–SKO.
...FERC Application, Mariposa contends it has the right to submit comments, object to the Project, and petition FERC for a hearing under 18 C.F.R. § 4.34(a), the review of which would be subject to federal jurisdiction. (Doc. 21, 21:3–10.) Mariposa may object to any determination by FERC and/o......
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City of Tacoma, Washington v. F.E.R.C.
...by the Commission under section 10(a) of the Federal Power Act if such consideration would not delay or disrupt the proceeding. 18 C.F.R. § 4.34(b). The regulation also [I]f ongoing agency proceedings to determine terms and conditions or prescriptions are not completed by the date specified......
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3 firm's commentaries
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California Supreme Court Holds In 5-2 Decision, Over Chief Justice’s Strong Dissent, That Federal Power Act Does Not Fully Preempt CEQA’s Application to FERC’s Licensing Process for State-Owned and Operated Hydroelectric Projects
...actions would contravene FERC’s “sole jurisdiction” over licensing process disputes and be preempted under longstanding federal law. (18 C.F.R. § 4.34 (i)(6)(vii); First Iowa Coop. v. Federal Power Comm’n (1946) 328 U.S. 152, 164 (“First Iowa”).) But the Supreme Court majority parted ways w......
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PipelineLaw: During Oral Argument, D.C. Circuit Suggests Waiver Period For State Water Quality Certification May Be Less Than One Year
...not denied or granted certification by one year after the date the certifying agency received a written request for certification." 18 C.F.R. § 4.34(b)(5)(iii). The attorney responded by stating that he does not read this regulation to preclude FERC from making a determination that the stat......
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During Oral Argument, D.C. Circuit Suggests Waiver Period for State Water Quality Certification May Be Less Than One Year
...not denied or granted certification by one year after the date the certifying agency received a written request for certification.” 18 C.F.R. § 4.34(b)(5)(iii). The attorney responded by stating that he does not read this regulation to preclude FERC from making a determination that the stat......
1 books & journal articles
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Adaptive Management in Hydropower Regulation
...Process, http://www.americanwhitewater.org/content/Wiki/stewardship:relicensing_ overview (last visited Feb. 19, 2007); see also 18 C.F.R. §4.34(i). 57. Richard Roos-Collins, Integrated Licensing Process: New Hope for Eicient Regulation of Nonfederal Hydropower Projects , 35 A.B.A. Trends (......