(CN) - The Federal Energy Regulatory Commission has the right to refuse a license for a hydroelectric power plant along Maine's Kennebec River, the 1st Circuit ruled.
FPL Energy Maine Hydro LLC appealed the commission's decision to the Boston-based federal appeals court. Judge Boudin upheld the decision, citing the U.S. Supreme Court's refusal to overturn the Maine Supreme Court's ruling for the commission.
"The Maine Supreme Court considered and rejected on the merits FPL's explicit claim that section 401 of the Clean Water Act barred the Department of Environmental Protection's action (to rescind FPL's license)," Boudin wrote.
"The U.S. Supreme Court denied certiorari and the Maine Supreme Court decision is final," the judge added.