S.D. Warren Co. v. Maine Board of Environmental Protection (2005)
- Docket
- 04-1527
- Decided
- 2005-01-01
Summary
Question: Do hydroelectric dams result in "discharge" under the meaning of Section 401 of the federal Clean Water Act? Conclusion: Yes. In a unanimous decision, the Supreme Court held that the term "discharge" in section 401 had historically been given a broad meaning by FERC, the Environmental Protection Agency, and even the Supreme Court. Justice David Souter, in the Opinion of the Court, wrote that "[w]hen it applies to water, 'discharge' commonly means a 'flowing or issuing out.' ... In fact, this understanding of the word was accepted by all Members of the Court sitting in our only other case focused on Section 401 of the Clean Water Act." The discharge from hydroelectric dams fit this definition perfectly, and Section 401 therefore mandated state approval.