The Hydropower Reform Coalition (HRC) has submitted extensive comments in opposition to the Trump Administration’s attack on Section 401 of the Clean Water Act.
Clean Water Act
The Hydropower Reform Coalition went before the House Subcommittee on Energy and Power yesterday to testify against a bad discussion draft that would shift the balance over management of water resources and strip federal agencies and states of their authorities to protect the resources they have the mandate of protecting.
If enacted, among other things, the bill would:
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
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.