Sayles Hydro Association v. Maughan

KLEINFELD, Circuit Judge: This case involves the scope of federal preemption of state regulatory authority under the Federal Power Act. The district court granted summary judgment to the federal licensees on the ground that Congress has occupied the field, and therefore the state lacks the power to do anything but determine proprietary water rights. The district Judge thought that a recent decision of the Supreme Court, California v. FERC, 495 U.S. 490, 109 L. Ed. 2d 474, 110 S. Ct. 2024 (1990), left room for no other Conclusion. We agree, and affirm.