Legal Opinion

Arnold Irrigation District v. Department of Environmental Quality

Court of Appeals of Oregon

Decided April 23, 1986No. 25-WQ-CR-FERC-P5205; CA A35731PublishedCited by 9 opinions

1Opinion of the CourtYoung, J.

This case concerns the criteria which the Department of Environmental Quality (DEQ) may use in determining whether to issue a certificate of compliance with the Federal Water Pollution Control Act (also known as the Clean Water Act (CWA)) 1 and what conditions it may place on the certificate. Petitioners seek review of a final order of the Environmental Quality Commission (EQC) affirming a DEQ decision denying them a certificate of compliance for a hydroelectric project on the Deschutes River. DEQ denied the certificate, because petitioners did not provide a statement from Deschutes County…

2Cases cited2 opinions

  1. First Iowa Hydro-Electric Cooperative v. Federal Power CommissionSupreme Court of the United States · 1946
  2. Homestake Mining Co. v. United States Environmental Protection AgencyDistrict Court, D. South Dakota · 1979

3Cited by9 opinions

  1. Department of Ecology v. Public Utility District No. 1Washington Supreme Court · 1993
  2. City of Shoreacres v. Texas Commission on Environmental Quality, Texas Court of Appeals, 3rd District (Austin)2005
  3. Bangor Hydro-Electric Co. v. Board of Environmental ProtectionSupreme Judicial Court of Maine · 1991
  4. Niagara Mohawk Power Corp. v. New York State Department of Environmental ConservationNew York Court of Appeals · 1993
  5. Sheridan v. Deep Lagoon MarinaDistrict Court of Appeal of Florida · 1991

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