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Thomson / Gale

Supreme Court Upholds States' Rights to Enforce Dam Regulation

Renewable Energy Today,  May 18, 2006  

The Pennsylvania Department of Environmental Protection (DEP) recently announced that the U.S. Supreme Court has upheld state government's authority to lessen the water quality impacts of hydroelectric dams and other federally licensed activities within their borders.

"The Supreme Court's decision upholds the authority of states to set conditions on the operations of hydroelectric dams that would affect river health and water quality, threaten fish and wildlife habitat, and diminish recreational and economic opportunities on rivers," said DEP.

Earlier this year, DEP joined the friend of the court brief in the S.D. Warren v. Maine Board of Environmental Protection case to support Maine's right to regulate dams on its rivers under Section 401 of the federal Clean Water Act.

Warren, which owns and operates five contiguous hydropower run-of-river dams that provide electricity to one of its paper mills, applied for water quality certification under the act when renewing its hydro licenses. Maine's board approved the certification in 2003, with conditions to mitigate the water quality impacts of the dams. Warren appealed the conditions, claiming the state overextended its authority.

Contact: Kurt Knaus, DEP, phone 717-787-1323.

(EIN STAFF: 5/15)

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