The Clean Water Act and federally licensed utilities

Journal Article · Tue Nov 01 04:00:00 EST 1994 · Fortnightly

OSTI ID:88675

Behnke, J; Dondis, H

A recent decision by the US Supreme Court, in PUD No. 1 of Jefferson County v. Washington Department of Ecology, 128 L. Ed. 29 716 (1994), seriously threatens to erode the traditional federal jurisdiction over interstate utilities, and to accrete a substantial, if not predominant, role for the states in the authorization of projects that may discharge into navigable waters. In Jefferson County, the petitioner, a city and local utility district, proposed to build a hydroelectric project along the Dosewallips River in Washington State. The project was to be licensed by the FERC under the FPA, but the license could not be granted without a water quality certification issued by Washington State under the Federal Water Pollution Control Act, better known as the Clean Water Act, 33 USC 1251 et seq. (CWA). The petitioner applied for a water quality certification from the State of Washington Department of Ecology, which issued the certification but imposed a number of conditions, including a minimum stream-flow requirement. The petitioner appealed the conditions through the state courts to the US Supreme Court, taking the position that under the CWA and the FPA, states can impose water quality standards that can be numerically quantified, but cannot regulate stream flows. The Supreme Court rules that the State Department of Ecology`s action in imposing water flow conditions fell within its powers under the CWA, and that the state therefore had imposed proper conditions for issuance of a license under the FPA.

• OSTI ID: 88675
• Journal Information: Fortnightly, Journal Name: Fortnightly Journal Issue: 20 Vol. 132; ISSN FRTNE8
• Country of Publication: United States
• Language: English

Related Subjects

13 HYDRO ENERGY
AESTHETICS
FISHES
HYDROELECTRIC POWER PLANTS
LAWSUITS
LEGAL ASPECTS
LICENSING REGULATIONS
STATE GOVERNMENT
US FERC