S. D. Warren Co. v. Maine Bd. of Environmental Protection, 547 U.S. 370 (2006)

In S. D. Warren Co. v. Maine Bd. of Environmental Protection, the underlying dispute arose from S. D. Warren Company's operation of several hydroelectric dams on the Presumpscot River in southern Maine. The company has been generating electricity for its paper mill using these dams since 1935 and has required a federal license from the Federal Energy Regulatory Commission (FERC) to operate them. In 1999, Warren sought to renew its federal licenses for five of its dams and applied for water quality certifications from the Maine Department of Environmental Protection, asserting that its dams did not result in any discharge into navigable waters, which would trigger the need for such certifications under the Clean Water Act. The procedural history of the case began when the Maine agency issued water quality certifications that imposed conditions on Warren, including maintaining minimum stream flows and allowing for the passage of migratory fish and eels. Warren contested the need for these certifications, claiming that its operations did not constitute a discharge under the relevant federal regulations. After an unsuccessful appeal to Maine's administrative appeals tribunal, the case escalated to the Maine Supreme Judicial Court, which ultimately led to a writ of certiorari being granted by the United States Supreme Court. The relevant background context includes the Clean Water Act's provisions regarding state certifications for federal licenses, particularly §401, which requires state approval for any activity that may result in a discharge into navigable waters. This case highlights the intersection of federal and state regulatory authority over environmental standards and the operational requirements for hydroelectric facilities. The Supreme Court's decision addressed whether the operation of a dam could be considered to potentially result in a discharge, thereby necessitating state certification under the Clean Water Act.

Whether operating a dam to produce hydroelectricity constitutes an activity that "may result in any discharge into the navigable waters" of the United States, thereby requiring state certification under §401 of the Clean Water Act.

The judgment is reversed.