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S. D. Warren Co. v. Maine Board of Environmental Protection et al.

Country/Territory
United States of America
Type of court
National - higher court
Date
May 15, 2006
Source
UNEP, InforMEA
Court name
Supreme Court of the United States
Seat of court
Washington D.C.
Judge
Roberts, J.
Stevens, J.
Scalia, A.
Kennedy, A.
Souter, D.
Thomas, C.
Ginsburg, R.
Breyer, S.
Alito, S.
Reference number
No. 04-1527
Language
English
Subject
Water
Keyword
Hydropower generation Dam Water quality standards
Abstract
This case dealt with the definition of the term “discharge” according to the Clean Water Act. Petitioner Warren Co. asked the Federal Energy Regulatory Commission (FERC) to renew federal licenses for five of the hydroelectric dams it operated on a Maine river to generate power for its paper mill. Each dam impounded water, which was then run through turbines and returned to the riverbed, passing around a section of the river. The Clean Water Act requires state approval of “any activity” “which may result in any discharge into the Nation’s navigable waters.” FERC licensed the dams only subject to compliance with those certifications, which required Warren to maintain a minimum stream flow and to allow passage for certain fish and eels. Under protest, Warren applied for water quality certifications from respondent Maine Board of Environmental Protection pursuant to §401 of the Clean Water Act. Warren filed suit claiming that its dams did not result in a “discharge” under §401. The Supreme Court analyzed the term “discharge” and concluded that when applied to water, discharge commonly meant “flowing or issuing out”. The Environmental Protection Agency and FERC had regularly read “discharge” to cover releases from hydroelectric dams. Consequently, it held that because a dam raised a potential for a discharge, §401 was triggered and state certification was required.
Full text
04-1527.ZO.html