Legal Opinion

United States of America Ex Rel. Tennessee Valley Authority and Tennessee Valley Authority v. Tennessee Water Quality Control Board

Court of Appeals for the Sixth Circuit

Decided October 20, 1983No. 82-5288PublishedCited by 22 opinions

1Opinion of the Court

LIVELY, Circuit Judge.

The question in this case is whether the Tennessee Water Quality Control Board may require the Tennessee Valley Authority (TVA) to acquire a state permit for the reconstruction and operation of a dam and flume on a navigable waterway within the State of Tennessee. The case arises under the Federal Water Pollution Control Act, as amended, commonly referred to as the Clean Water Act (the Act), 33 U.S.C. § 1251 et seq. (1976 ed. and Supp. V).

I

A

A private power company built a hydroelectric unit on the Ocoee River in Tennessee in 1913. Water was diverted to the power plant by…

2Cases cited9 opinions

  1. Environmental Protection Agency v. California Ex Rel. State Water Resources Control BoardSupreme Court of the United States · 1976
  2. National Wildlife Federation v. GorsuchCourt of Appeals for the D.C. Circuit · 1982
  3. Volkswagen De Puerto Rico, Inc. v. Puerto Rico Labor Relations BoardCourt of Appeals for the First Circuit · 1972
  4. Floeter v. C. W. Transport, Inc.Court of Appeals for the Seventh Circuit · 1979
  5. California Packing Corp. v. I.L.W.U. Local 142District Court, D. Hawaii · 1966

4 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. United States v. State Water Resources Control BoardCalifornia Court of Appeal · 1986
  2. National Wildlife Federation v. Consumers Power CompanyCourt of Appeals for the Sixth Circuit · 1988
  3. McClellan Ecological Seepage Situation v. WeinbergerDistrict Court, E.D. California · 1988
  4. Kelley ex rel. Michigan v. United StatesDistrict Court, W.D. Michigan · 1985
  5. Oregon Natural Desert Ass'n v. United States Forest ServiceCourt of Appeals for the Ninth Circuit · 2008

17 more not listed; retrieve them via the Exa API.

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