County of Butte v. Dept. of Water Resources

Summary

The court held that the Federal Power Act does not categorically preempt CEQA review of a state agency's own hydroelectric relicensing decisions. It nevertheless held that CEQA claims seeking to unwind a settlement agreement developed through the federal licensing process or to enjoin operation under proposed federal license terms are preempted, while broader challenges to the sufficiency of the EIR may proceed insofar as the EIR informs state decision-making without interfering with FERC's exclusive authority. The court affirmed in part, reversed in part, and remanded for consideration of the remaining claims.