Clean Water Act

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Coalition Groups Comment on DRAFT 401 Water Quality Certificate for Enloe Dam

By: Rich Bowers  Thursday March 29, 2012
Region: Northwest
States: Washington

Conservation Groups say that regarding the proposed Enloe Dam, Washington's Dept. of Ecology has failed to utilize its authority under Section 401 of the Clean Water Act, and fails to document reasonable assurance that water quality standards will be met, including aquatic life, aesthetics, and minimum flow standards.  


Resurgence of the River Treasure: Jefferson PUD and a Comprehensive Plan for Hydroelectric Power


Source:
Volume: Vol. 20, No. 1, 1995
Year: 1995

Abstract

Part I: "documents the development of early American water law and traces the increase of public interest in the river resource"; Part II: "illustrates the environmental impacts of hydroelectric power and discusses how the Supreme Court's 1946 decision allowed the federal government unrestricted authority to license hydropower development;" Part III: "analyzes the Supreme Court's recent determination that state water quality certificates must be incorporated into federal licenses


Author(s)

Handy, Seth


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Notes



Clean Water Act Section 401 Provides the Key to Stream Protection in Hydropower Licensing


Source:
Volume: Vol. 2, No. 2, April 1991
Year: 1991

Abstract

Although the FERC has tried repeatedly to restrict the states' authority under section 401, the states can prevent degradation of the quality and uses of waterways through the development and enforcement of strong water quality standards.


Author(s)

Birnbaum, S. Elizabeth


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Notes



Supreme Court Upholds States' Right to Protect Rivers from Hydropower Dams

The U.S. Supreme Court delivered a 9-0 opinion in the case of S.D. Warren v. Maine Board of Environmental Protection, rejecting a South African paper company' s bid to exempt five of its hydroelectric dams in Maine from the Clean Water Act.


U.S. Supreme Court to Hear Three Clean Water Act Cases

By: John Seebach  Tuesday February 14, 2006
Region: National

On February 21st, the U.S. Supreme Court will hear oral arguements in three cases that concern the scope of the Clean Water Act: Rapanos v. United States, Carabell v. United States Army Corps of Engineers, and S.D. Warren v. Maine Board of Environmental Protection.



The Hydropower Industry Attacks the Clean Water Act

By: John Seebach  Wednesday January 11, 2006

WASHINGTON, DC - The hydropower industry is about to get its day in court in a Clean Water Act case before the U.S. Supreme Court this February. If the industry wins, rivers everywhere will lose.


U.S. Supreme Court takes Clean Water Act case on Maine dams

By: John Seebach  Friday October 28, 2005
Region: National | East
States: Maine

In an unexpected addendum today, the United States Supreme Court agreed to hear two wetlands cases and one case on the Clean Water Act's application to hydropower dams. These three cases are expected to show the Court's posture on the reach of the Clean Water Act.


Thirsty For More: Augusta Shoals Appeals Water Quality Certification

By: John Seebach  Monday July 5, 2004
Region: South
States: Georgia

The Coastal Conservation League and American Rivers appealed Georgia's water quality certification for the City of Augusta's operation on the Augusta Canal and Diversion Dam. Lack of terms and conditions for any stream flow to be maintained in the four-mile long Augusta Shoals, a stretch of river whose flow is diverted at the dam, served as the basis for January' s appeal.

The certification also did not include conditions to protect federally and state endangered species that occur in the shoals, nor did it require construction of a fish passage facility to allow migrating fish access to upstream waters.


Maine's "Best and Worst River Stories" from 2003 Draws Attention

By: John Seebach  Saturday January 31, 2004
Region: East
Key Words: 401 | Clean Water Act
States: Maine

Maine Rivers' "2003 Best and Worst River Stories" has drawn attention to several river issues in Maine. The list, which was created with input from state-wide grass-roots organizations, highlights rivers around the state that have seen stunning improvements or have suffered major set-backs in the past year. The "Best" list featured more protective water quality standards on the Kennebec River.


Maine Rivers Leading Appeal of Flagstaff 401

By: John Seebach  Wednesday December 31, 2003
Region: East
States: Maine

A 401 water quality certification, recently issued by Maine' s Department of Environmental Protection (DEP) for Flagstaff Lake (referred to as the Flagstaff Storage Project) reflects a shift in the state' s interpretation of water quality standards setting a dangerous precedent for other water quality issues in Maine.


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