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.

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 1.5-megawatt Fort Halifax Project on the Sebasticook River in Maine remains to be partially removed despite an effort by local interest groups to appeal the decision.

The Low-Impact Hydropower Institute' s (LIHI) governing board voted unanimously on May 20th to certify the Worumbo hydroelectric dam, located on Maine's Androscoggin River. The facility, owned and operated by the Miller Hydro Group, became Maine's first hydroelectric project and the tenth project nationwide to receive certification as a low impact dam from LIHI, which began giving certifications in March 2001.

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.

FERC's recent issuance of an order regarding the Ft. Halifax dam signaled at least a temporary end to a standing controversy over the Commission's responsibilities and obligations with respect to settlement agreements. On January 22, 2004, FERC issued its final order for the Ft. Halifax Project on the Sebasticook River upholding its original 1998 settlement that required dam removal in the absence of construction of a fish lift.

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 October 6, 2003, PPL Corporation, conservation groups, the Penobscot Indian Nation, the State of Maine, and the U.S. Department of Interior announced an agreement aimed at restoring sea-run fish to the Penobscot River, while giving PPL Corporation the opportunity to maintain more than 90% of its current hydropower generation.

Dubbed the Penobscot River Restoration Project, the deal will significantly improve access to over 500 miles of river habitat, allowing for the recovery of native species of sea-run fish. The Penobscot is Maine's largest river, draining 8,570 square miles, about one-third of the state.

The Ft. Halifax Dam has been parked on Sebasticook River, a tributary of the Kennebec River, since 1907. In 1998, after many years of contentious relicensing proceedings, a group of hydropower dam owners known as the KHDG, or Kennebec Hydro Developers Group, a group of conservation organizations called the Kennebec Coalition, and federal and state resource agencies reached a landmark settlement agreement.