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Keywords

appealcomplianceclean water act
complianceclean water act

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S.D. Warren Co. v. Maine Bd. of Environmental Protection, 547 U.S. 370, 126 S.Ct. 1843, 164 L.Ed.2d 625, 62 ERC 1257, 74 USLW 4244, 36 Envtl. L. Rep. 20,089, 06 Cal. Daily Op. Serv. 3937, 2006 Daily Journal D.A.R. 5759, 19 Fla. L. Weekly Fed. S 193, 17 A.L.R. Fed. 2d 807

Facts

S.D. Warren Company operates several hydroelectric dams on the Presumpscot River in Maine, generating electricity for its paper mill. In 1999, the company sought to renew federal licenses for these dams and applied for water quality certifications from the Maine Board of Environmental Protection under protest, arguing that its dams did not result in a 'discharge' as defined by the Clean Water Act. The state agency issued certifications requiring minimum stream flow and fish passage, which Warren contested. After losing administrative appeals, Warren filed suit in state court, which upheld the agency's decision.

S.D. Warren Company operates several hydroelectric dams on the Presumpscot River in Maine, generating electricity for its paper mill. In 1999, the company sought to renew federal licenses for these dams and applied for water quality certifications from the Maine Board of Environmental Protection under protest, arguing that its dams did not result in a 'discharge' as defined by the Clean Water Act.

Issue

Whether operating a dam to produce hydroelectricity 'may result in any discharge into the navigable waters' of the United States, thereby requiring state certification under § 401 of the Clean Water Act.

Whether operating a dam to produce hydroelectricity 'may result in any discharge into the navigable waters' of the United States, thereby requiring state certification under § 401 of the Clean Water Act.

Rule

The Clean Water Act does not define 'discharge,' but it includes any activity that may result in a discharge into navigable waters, requiring state certification to ensure compliance with water quality standards.

The Clean Water Act does not define 'discharge,' but it includes any activity that may result in a discharge into navigable waters, requiring state certification to ensure compliance with water quality standards.

Analysis

The court determined that the operation of the dams indeed raised a potential for discharge, as the term 'discharge' should be interpreted in its ordinary sense, meaning 'flowing or issuing out.' The court rejected Warren's arguments that the term implied the addition of pollutants, emphasizing that the Clean Water Act aims to protect the integrity of the Nation's waters and that state certifications are essential for maintaining water quality.

The court determined that the operation of the dams indeed raised a potential for discharge, as the term 'discharge' should be interpreted in its ordinary sense, meaning 'flowing or issuing out.'

Conclusion

The Supreme Judicial Court of Maine affirmed the decision requiring S.D. Warren Company to obtain state certification under § 401 of the Clean Water Act, concluding that the operation of the dams constituted a potential discharge.

The Supreme Judicial Court of Maine affirmed the decision requiring S.D. Warren Company to obtain state certification under § 401 of the Clean Water Act, concluding that the operation of the dams constituted a potential discharge.

Who won?

Maine Board of Environmental Protection prevailed, as the court upheld its requirement for state certification based on the potential for discharge from the dams.

Maine Board of Environmental Protection prevailed, as the court upheld its requirement for state certification based on the potential for discharge from the dams.

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