In January 2018, FERC issued an order denying the petition based on its longstanding interpretation that the withdrawal and resubmission of a 401 application restarts the one-year waiver period. Constitution sought review before the U.S. Court of Appeals for the D.C. Circuit (D.C. Circuit). While the case was pending, the D.C. Circuit issued its decision in Hoopa Valley Tribe v. FERC, holding that the withdrawal and resubmission of a 401 certification request does not trigger a new statutory period of review. In light of the Hoopa order, the D.C. Circuit authorized a voluntary remand of the Constitution case back to FERC for reconsideration.
https://www.natlawreview.com/article/hydro-newsletter-volume-6-issue-9
