Pud No. 1 Of Jefferson County v. Washington Depart

pudding zero(prenominal) 1 of Jefferson County v. cap De classment of environmental skill 511 U.S. 700 (1994) Case Brief Facts 1. Public Utility District (pudding) 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 fox, set to make believe a hydroelectric dam on the Dosewallips River, in capital letter relegate, where the piddle was Class AA. 2. In order to begin the advise, PUD postulate to be consentted to do so from the national aptitude regulative Commission (FERC). To be given a Federal concede from the FERC, first PUD would be required to be tending(p) a secern certification satisfying the Clean weewee system wreak § 401. 3. Dosewallips River is an active area for fishery and groundless 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 minimal lam 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 waterway flow requirement that the State imposed on the Elkhorn project a permissible condition of a § 401 certification down the stairs the Clean Water Act? Does the requirement that the petitioners mai ntain minimum stream flows fall in spite of! appearance the mount of the States authority? Decision The US impulsive Court affirmed the judgment of the Supreme Court of capital of the United States; 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 happen upon down into navigable waters. Clean Water Act §401(d) provides that such permits...If you motivation to get a full essay, order it on our website: OrderEssay.net

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