ELR Citation: 52 ELR 20068
No(s). 20-1238 (D.C. Cir. Jun 10, 2022)

The D.C. Circuit upheld FERC's approval of a dam operator's flood protection plan for a nearby water pump station in North Carolina. A city petitioned for review of FERC's approval of the plan, a state-imposed condition of its water quality certification under the CWA, which involved raising the pump station's equipment rather than building a new station. The court concluded that FERC adopted the best interpretation of the condition, that it reasonably concluded that the plan would enable the station to continue operating during floods, and that substantial evidence supported its approval. It denied the petitions for review.