Can States Regulate Hydropower Dams as Dischargers Pursuant to Their Clean Water Certification Authority?

Authors

Robert H. Abrams, Florida A&M University College of LawFollow

Document Type

Article

Publication Date

2006

Abstract

Under §401 of the Clean Water Act, 33 U.S.C §13·n, to obtain a federal license for any activity that results in a "discharge into the navigable waters," the license applicant must obtain a certification from the state in which the activity takes place that the discharge complies with several aspects of state water-quality regulation under the Clean Water Act. A common setting in which this requirement has been applied is when a hydropower dam seeks to be relicensed by the Federal Energy Regulatory Commission (FERC).

Comments

Copyright 2006 by the American Bar Association. Reprinted with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.

Recommended Citation

Robert H. Abrams, Can States Regulate Hydropower Dams as Dischargers Pursuant to Their Clean Water Certification Authority? 2005-06 Preview U.S. Sup. Ct. Cas. 251 (2006)