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.

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.

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.

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.

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 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.

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.

On December 11, the South Carolina Department of Health and Environmental Control (DHEC) approved new standards for dissolved oxygen (DO) levels in the Saluda River in South Carolina. These standards are supported by environmental groups - including the South Carolina Coastal Conservation League (SCCCL) - that are currently engaged in hydropower relicensing on the Saluda River. These standards await final approval from the DHEC Board, followed by a legislative process that will allow the South Carolina Legislature time to act on the proposed change. Other groups in favor of the standards include American Rivers and the Saluda Scenic River Advisory Council.

On April 11, the DC Circuit Court of Appeals ruled in favor of American Rivers, Alabama Rivers Alliance, and Lake Watch Lake Martin on the question of what action triggers the need for a Clean Water Act section 401 water quality certification.

Located near Columbia, the Saluda River project in South Carolina includes the 48,000 acre Lake Murray and affects 10 miles of the Saluda River and 50 miles of the downstream Congaree River.