The Federal Energy Regulatory Commission’s (FERC’s) handling of proposed natural gas and hy- dropower facilities has always been controversial. Environmentalists and landowners slam FERC for not denying projects, and industry criticizes the agency for not approving them fast enough. Both programs require National Environmental Policy Act reviews and are subject to an alphabet soup of parallel state and other federal agency permit requirements passed by Congress since the 1960s. Most notable among the state permit requirements is the Clean Water Act (CWA) Section 401 permit, often referred to as a water-quality certificate. Read more
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