S.D. Warren Co. v. Maine Bd. of Envtl. Protection
ELR Citation: ELR 20089 No(s). 04-1527 (U.S. May 15, 2006)
The Court holds that operating a dam to produce hydroelectricity raises a potential for a discharge into the navigable waters of the United States, thereby triggering Clean Water Act (CWA) §401 and state certification requirements. The case arose after a company asked the Federal Energy Regulat...