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The Clean Water Act (CWA) ... The Court ruled that section 401 state certification requirements apply to hydroelectric dams, which are federally licensed, ...
33 U.S.C. § 1341 (Clean Water Act § 401) S. D. Warren Co. v. Maine Board of Environmental Protection , 547 U.S. 370 (2006), was a case decided by the Supreme Court of the United States involving licensing requirements under the Clean Water Act .
In recent years, most states have used CWA section 401 water quality certification programs in addition to or in lieu of specific regulatory statutes. Section 401 requires that before a federal permit or license is issued, states must certify that the project complies with water quality standards.
Washington Department of Ecology, 511 U.S. 700 (1994), is a case decided by the United States Supreme Court that interpreted section 401 of the Clean Water Act. The case involved an application by the Jefferson County Public Utility District and Tacoma City Light in northwestern Washington to build a hydropower facility on the Dosewallips River ...
The company applied for this latter permit and received authorization from the Corps to dump the tailings into Lower Slate Lake. The Southeast Alaska Conservation Council contended that disposal of the tailings is explicitly banned by section 306(e) of the Clean Water Act, and would therefore make Coeur Alaska ineligible for a NPDES permit.
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The Porter-Cologne Act (California Water Code, Section 7) was created in 1969 and is the law that governs water quality regulation in California. The legislation bears the names of legislators Carley V. Porter and Gordon Cologne. [1] It was established to be a program to protect water quality as well as beneficial uses of water.
The Commerce Clause of the U.S. Constitution has also been interpreted to allow Congress to regulate water used for Hydropower purposes and a state can not refuse to block a hydro-project by refusing to issue a water permit, with the exception being through the Section 401 of the Clean Water Act. -- a state may withhold a water quality ...