Hydroelectricity

Sonnenschein attorneys counsel clients in all practice disciplines related to hydroelectric facility licensing and operations. We are familiar with, and helped shape the terms of the statutes that govern the operation of hydroelectric facilities, including the Federal Power Act, Clean Water Act, Endangered Species Act, Coastal Zone Management Act, and the National Environmental Policy Act, as well as the regulatory requirements of the Federal Energy Regulatory Commission, U.S. Fish and Wildlife Service, Army Corps of Engineers, NOAA Fisheries, and the Environmental Protection Agency, and their state and tribal counterparts.

Our experience in hydroelectric matters also extends into lesser-known but integral laws affecting hydropower, including the Reclamation Act of 1902, Flood Control Act of 1944 and the Water Supply Act of 1958. Our practitioners have experience with all of these statutes in the context of litigation, mediation, and regulatory and public policy forums.

Representative Matters

• Prevailed in appeal before the U.S. Court of Appeals for the 11th Circuit overturning a Federal District Court Order denying clients an opportunity to participate in litigation affecting hydropower production.
• Recovered substantial savings in hydroelectric license fees from FERC for Allegheny Power, allowing it to recoup most of the expenses it incurred obtaining and waiting to use the license.
• Secured the first federal hydropower license for an ocean wave energy project.
• Counseled Mid-Atlantic and other hydropower licensees on all aspects of FERC relicensing process, including traditional, alternative and integrated licensing procedures, shoreline management, and security.
• Represented a Northeastern hydropower project stakeholder in multi-year negotiations leading to comprehensive settlement with a licensee.
• Served as Congressional counsel on hydropower legislation and oversight.