Alcoa Power Generating Inc. v. Federal Energy Regulatory Commission

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• observing that the Clean Water Act “reinforc[ed] the role of States as the prime bulwark in the effort to abate water pollution” (citation and internal quotation marks omitted)
• discussing the fitness and hardship determinations without classifying such considerations prudential or constitutional
• “[T]he Conference Report on Section 401 states that the time limitation was meant to ensure that ‘sheer inactivity by the State . . . will not frustrate the Federal application.’”
• “[T]he purpose of the waiver provision is to prevent a State from indefinitely delaying a federal licensing proceeding by failing to issue a timely water quality certification under Section 401.”
• “In imposing a one-year time limit on States to ‘act,’ Congress plainly intended to limit the amount of time that a State could delay a federal licensing proceeding without making a decision on the certification request.”

Source: CourtListener parenthetical corpus (CC0).