May 7, 2018 John Katz Federal Energy Regulatory Commission Clean Water Act Section 401 - Guardian of Water Quality or Political Hammer? May 7, 2018 John Katz Federal Energy Regulatory Commission
Commission Jurisdiction Natural Gas Pipelines – siting, rates, and tariffs Hydropower Projects – cradle to grave siting; no rate authority Oil Pipelines – rates and tariffs: no siting Little electric transmission siting authority; rates and tariffs Commission Jurisdiction
Other Authorities -- Clean Water Act -- Clean Air Act -- Endangered Species Act -- National Historic Preservation Act -- Treaties, interstate compacts Other Authorities
Hydro: Section 401 certifications significant for decades Gas Pipelines: certifications only recently noteworthy History
ISSUES Waiver of certification Breadth of state interest Denial of certification ISSUES
Millennium Constitution Northern Access Recent Cases