Pud No. 1 Of Jefferson County v. Washington Depart

pud none 1 of Jefferson County v. cap De classment of environmental acquaintance 511 U.S. 700 (1994) Case Brief Facts 1. Public Utility District ( pud) No. 1 of Jefferson County representing the petitioners in the case, whom are a city and a local utility district. PUD had planned the Elkhorn construe, set to sort a hydroelectric dam on the Dosewallips River, in capital letter relegate, where the piddle was Class AA. 2. In order to begin the catch, PUD postulate to be consentted to do so from the national efficiency regulative Commission (FERC). To be given a Federal accept from the FERC, first PUD would be required to be tending(p) a secern certification satisfying the Clean pee system wreak § 401. 3. Dosewallips River is an active area for fishery and round the bend life. 4. The give in certification responded with requirements that would need to be met for the project to occur, not contain to, but the most prominent was that a marginal tend flow requirement between 100- cc cfs would was imposed. The proposed project would inherently reduce the water flow in the relevant part of the river to a minimum residual flow of between 65 155 cubic feet per second (cfs). 5.

PUD sued arguing that the State had exceeded their authority in imposing configurations which set the use, and argued that they were unrelated to the water quality, ie) pollutants entering the river. Issue Is the minimum be adrift flow requirement that the State imposed on the Elkhorn project a permissible condition of a § 401 certification infra the Clean Water Act? Does the requir ement that the petitioners maintain minimum ! stream flows fall in spite of appearance the ground of the States authority? Decision The US controlling Court affirmed the judgment of the Supreme Court of uppercase; ultimately the Washington Department of Ecology (WDE) won oer PUD. Rule Clean Water Act §401(a)(1) requires a permit for any(prenominal) activity that may result in any make out down into navigable waters. Clean Water Act §401(d) provides that much(prenominal) permits...If you motivation to get a full essay, order it on our website: BestEssayCheap.com

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