Legal Opinion
S. D. Warren Co. v. Maine Board of Environmental Protection
Supreme Court of the United States
Decided May 15, 2006No. 04-1527PublishedCited by 134 opinions
1Opinion of the CourtJustice Souter
delivered the opinion of the Court. †
The issue in this case is whether operating a dam to produce hydroelectricity “may result in any discharge into the navigable waters” of the United States. If so, a federal license under §401 of the Clean Water Act requires state certification that water protection laws will not be violated. We hold that a dam does raise a potential for a discharge, and state approval is needed.
I
The Presumpscot River runs through southern Maine from Sebago Lake to Casco Bay, and in the course of its 25 miles petitioner, S. D. Warren Company, operates several hydro-power…
2Cases cited15 opinions
- Federal Deposit Insurance v. MeyerSupreme Court of the United States · 1994
- Skidmore v. Swift & Co.Supreme Court of the United States · 1944
- Marsh v. Oregon Natural Resources CouncilSupreme Court of the United States · 1989
- Gustafson v. Alloyd Co.Supreme Court of the United States · 1995
- Gonzales v. OregonSupreme Court of the United States · 2006
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3Cited by134 opinions
- Ali v. Federal Bureau of PrisonsSupreme Court of the United States · 2008
- Graham County Soil & Water Conservation District v. United States Ex Rel. WilsonSupreme Court of the United States · 2010
- Friends of the Everglades v. South Florida Water Management DistrictCourt of Appeals for the Eleventh Circuit · 2009
- United States v. BurgessCourt of Appeals for the Tenth Circuit · 2009
- Great Basin Mine Watch v. HankinsCourt of Appeals for the Ninth Circuit · 2006
129 more not listed; retrieve them via the Exa API.