Michael A. Swiger





1050 Thomas Jefferson Street NW
Seventh Floor
Washington, DC 20007

Current Matters

  • Counsels on FERC relicensing and compliance for the California State Water Project, including the 763 MW Oroville Facilities, and the 1,680 MW South SWP Hydropower Project.  
  • Counsels on relicensing of the 1,119 MW Northfield Mountain Pumped Storage Project and 68 MW Turners Falls Hydroelectric Project on the Connecticut River, part of a basin-wide, multi-project proceeding at FERC.
  • Counsels on FERC relicensing of the 362 MW Yuba River Development Project on the North Fork Yuba River in Northern California.
  • Recently authored an amicus curiae brief for the hydropower industry in the Ninth Circuit U.S. Court of Appeals regarding treatment of existing dams under the Endangered Species Act.

Other Past Matters

  • Counseled on FERC licensing for the State of Alaska’s proposed 600 MW Susitna-Watana Project, which would have been the first large, new dam hydroelectric project built in the United States in over four decades.
  • Provided FERC representation and helped negotiate a comprehensive, innovative settlement agreement for relicensing of the Oroville Facilities that is awaiting FERC approval.
  • Authored amicus curiae briefs for the hydropower industry in the U.S. Supreme Court, and in the Second Circuit U.S. Court of Appeals, to help defend the U.S. EPA’s Water Transfers Rule holding that NPDES water quality permitting does not apply to cross-basin water transfers.


Deep Decarbonization and Hydropower

Legal Pathways to Deep Decarbonization in the United States, Ch. 22, Michael B. Gerrard & John C. Dernbach, eds., Forthcoming.

Hydroelectric Power

Energy Law and Transactions, Ch. 53, D. Muchow and W. Mogel, eds. (2018)

Hydroelectric Regulation Under the Federal Power Act

Waters and Water Rights, Ch. 40, Michie (2018)

Deep Decarbonization and Hydropower

Environmental Law Reporter, Vol. 48 Issue 4

Pumped Storage: 5 Misperceptions about Licensing

International Water Power & Dam Construction, pp. 14-17

A Benefit to Industry?

International Water Power & Dam Construction, pp. 12-13

Preparing for the Future - An Indepth Look at the Issues Facing U.S. Hydroelectric Licensing

International Water Power & Dam Construction, pp. 34

Rebuttal in Defense of the Klamath Hydroelectric Settlement Agreement

Washington Journal of Environmental Law & Policy, Vol. 1 pp. 297


HydroVision International 2018

Panelist, "Pumped Storage: How to Make it Work"
Charlotte, NC

Northwest Hydroelectric Association's 2018 Annual Meeting

Speaker, "Managing the Future Energy Grid, Today"
Portland, OR

HydroVision International 2017

Speaker, "FAST, WRDA, HREA and Other Regulatory Developments That Will Affect Hydro Licensing"
Denver, CO

2017 ACWA Spring Conference

Speaker, "FERC Relicensing: What You Need to Know"
Association of California Water Agencies
Monterey, CA

2016 ACWA Regulatory Summit

Speaker, "Tools We Can Use: Providing Grid Services"
Association of California Water Agencies
Sacramento, CA

National Hydropower Association 2015 Alaska Regional Meeting

Speaker, "Are You In or Out? A Look at FERC Jurisdiction for Alaskan Projects"
National Hydropower Association
Anchorage, AK

HydroVision International 2015

Speaker, "Canada/U.S. Cross-Border Issues - Beyond the Keystone Pipeline"
Portland, OR

American Public Power Association

Speaker, "Energy-Water Nexus - Issues Facing Public Power in the Future"
Washington, DC

HydroVision International 2014

Speaker, "International Financing Options and Policies"
HydroVision International
Nashville, TN