Troutman Pepper represents PacifiCorp in the long-standing and highly controversial FERC license surrender and dam removal process for the Klamath Hydroelectric Generation Project in Southwest Oregon and Northern California. FERC’s November 2022 order approved the largest dam removal project in U.S. history. Attorneys at Troutman Pepper have advised and successfully represented PacifiCorp on all federal legal and regulatory aspects of the dam removal initiative— a matter which was elevated to the U.S. Court of Appeals for the D.C. Circuit four times. Following a pivotal FERC ruling in 2020 that rejected a significant component of a settlement agreement, Troutman Pepper negotiated with other parties on behalf of PacifiCorp to develop a novel solution to address FERC’s concerns. These negotiations included the officials at the highest levels of the company and state government, including Governors Gavin Newsom (California) and Kate Brown (Oregon).
Following FERC’s order approving dam removal, Troutman Pepper continued to advise PacifiCorp on all aspects of FERC regulatory compliance, as well as compliance with federal environmental programs. Over 2023 and 2024, the firm successfully advised and represented PacifiCorp before FERC in removing FERC’s jurisdiction over the Keno Dam and reservoir — which has been a major hurdle in accomplishing the overall dam removal project. Also, over this period, all four of the Klamath River dams were breached and the reservoirs drawn down. Work is now progressing on the physical removal of the dams.
The team on this matter is led by Charles R. Sensiba, and included Hallie M. Meushaw, Elizabeth J. McCormick, Morgan M. Gerard, Melissa Horne, Kevin M. LeRoy, Russell E. Kooistra, Buck Dixon, Misha Tseytlin, Christopher R. Jones, Sahara D. Shrestha, Todd R. Coles and many others