In re Appeal of Clyde River Hydroelectric Project

¶ 1. This appeal arises from the issuance of a water quality certification by the Vermont Water Resources Board for operation of the Clyde River Hydroelectric Project in northern Vermont. The Vermont Natural Resources Council and the Northeast Kingdom Chapter of Trout Unlimited (appellants) contend the Board’s decision: (1) violates provisions of the Vermont Water Quality Standards; (2) is unsupported by the evidence; and (3) contravenes the Public Trust Doctrine and the Common Benefits Clause of the Vermont Constitution. We affirm.

¶ 2. In support of its request to the Federal Energy…