Joseph M. Keating v. Federal Energy Regulatory Commission, State of California, Ex Rel. California State Water Resources Control Board, Intervenor

How courts have described this case

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

• refusing to consider argument made for the first time in petition for rehearing, and holding that “the argument is waived”
• Clean Water Act permits states “to block, for environmental reasons, local water projects that might otherwise win federal approval”
• disputes over validity of section 401 certification are state matters so long as they precede issuance of federal permit
• disputes over validity of section 401 certification are state matters so long as they precede issuance of federal permit
• “Through [the § 401 certification] requirement, Congress intended that the states would retain the power to block, for environmental reasons, local water projects that might otherwise win federal approval.” (emphasis added)
• the Commission is authorized to “decide whether the state’s assertion of revocation satisfies section 401(a)(3)’s predicate requirements— i.e., whether it is timely and motivated by some change in circumstances after the certification was issued”

Source: CourtListener parenthetical corpus (CC0).