S.D. Warren Co. v. Board of Envtl. Protection
ELR Citation: ELR 20259 No(s). CUM-04-314 (Me. Feb 15, 2005)
The court holds that water that has left its natural state and then is subjected to a man-made control constitutes an "addition" upon its return to the same navigable waterway. The operator of a dam filed suit against a state agency after it certified the dam with conditions. The operator argued tha...