On June 24-25, 2025, members of our team attended the National Hydropower Association’s 2025 California Regional Meeting in Sacramento. This annual gathering brought together industry leaders, utilities, and policymakers to discuss the latest developments in hydropower policy, operations, and markets across California and the Western U.S.
DWGP attorney Sylwia Dakowicz spoke on recent developments regarding Clean Water Act (CWA) Section 401 water quality certification, providing key insights from the D.C. Circuit’s May 16, 2025 decision, Village of Morrisville v. Federal Energy Regulatory Commission. Under Section 401, certifying entities have authority to grant, grant with condition(s), deny, or waive water quality certification for projects seeking a federal license or permit that may discharge into U.S. navigable waters. If a certifying entity “fails or refuses to act” on a request within a reasonable period (not to exceed one year), its authority to issue a Section 401 certification is waived. The D.C. Circuit’s ruling clarified that an applicant’s voluntary, unilateral withdrawal and resubmission of a Section 401 request did not result in waiver of the certifying entity’s Section 401 certification authority.
The Regional Meeting also featured timely discussions regarding CAISO market developments, dam safety and inspections, invasive species management in hydro reservoirs, asset management strategies for aging infrastructure, workforce development, and clean energy policy updates at both the state and federal levels.
DWGP is proud to support clients engaging with the hydropower industry and efforts in this sector toward providing a clean, resilient energy future.