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Recording: 2019 Energy infrastructure post-Hoopa
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Energy Bar Association’s 2019 Mid-Year Energy Forum! The event provided two full days of discussions focused on the legal issues related to all aspects of energy law.

Concurrent Session B: Energy infrastructure post-Hoopa

October 15, 2019,  2:45 - 4:00 PM

Upsetting decades of Clean Water Act permitting practice, in the D.C. Circuit’s recent Hoopa Valley Tribe v. FERC decision, the Court held that where a state and an applicant agreed to repeatedly withdraw and refile the same water quality certification request, the state waived certification.  Since the issuance of the court’s decision, two states have denied without prejudice pending applications for water quality certifications, with at least one explicitly citing the desire to inadvertently avoid waiving the state’s right to certify.  This panel will focus on the implications of Hoopa for permitting of energy infrastructure, including a discussion of recent Federal Energy Regulatory Commission decisions interpreting Hoopa and agency reactions to the Court and FERC’s decisions.

Moderator: Emil Barth, Special Counsel, Baker Botts L.L.P.

Emily Mallen, Partner, Sidley Austin LLP
Janna Romaine Chesno, Senior Counsel, Regulatory Projects, Cheniere Energy, Inc.
Elizabeth U. Witmer, Chair, Energy Practice Group, Vice Chair, Real Estate, Energy & Environment, Saul Ewing Arnstein & Lehr LLP