S. D. Warren Company v. Maine Board of Environmental Protection et al. (547 U.S. 370)
U.S. Supreme Court · decided May 15, 2006 · Supreme Court Database (Spaeth)
- Citation
- 547 U.S. 370 · 126 S. Ct. 1843
- Decided
- May 15, 2006
- Term
- October Term 2005
- Vote
- 9–0
- Majority author
- Justice Souter
- Issue area
- Economic Activity
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Liberal
Opinion excerpt
Justice Souter delivered the opinion of the Court. The issue in this case is whether operating a dam to produce hydroelectricity “may result in any discharge into the navigable waters” of the United States. If so, a federal license under §401 of the Clean Water Act requires state certification that water protection laws will not be violated. We hold that a dam does raise a potential for a discharge, and state approval is needed. I The Presumpscot River runs through southern Maine from Sebago Lake to Casco Bay, and in the course of its 25 miles petitioner, S. D. Warren Company, operates several hydro-power dams to generate electricity for its paper mill. Each dam creates a pond, from which water funnels into a “power canal,” through turbines, and back to the riverbed, passing around a section of the river just below the impoundment. It is undisputed that since 1935, Warren has needed a license to operate the dams, currently within the authority of the Federal Energy Regulatory Commission (FERC) under the Federal Power Act. 16 U. S. C. §§817(1), 792; see also Public Utility Act of 1935, §210, 49 Stat. 846. FERC grants these licenses for periods up to 50 years, 16 U. S. C. § 799, after a review that looks to environmental issues as well as the rising demand for power, § 797(e). Over 30 years ago, Congress enacted a specific provision for licensing an activity that could cause a…
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