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''S. D. Warren Co. v. Maine Board of Environmental Protection'', 547 U.S. 370 (2006), was a case decided by the Supreme Court of the United States involving licensing requirements under the Clean Water Act. The Court ruled unanimously that hydroelectric dams were subject to section 401 of the Act, which conditioned federal licensing for a licensed activity that could result in "any discharge" into navigable waters upon the receipt of a state certification that water protection laws would not be violated. The Court believed that since the Act did not define the word "discharge" it should be given its ordinary meaning, such that the simple flowing forth of water from a dam qualified. == Background == The S. D. Warren Company operates several hydroelectric dams along the course of the Presumpscot River in southern Maine, which generate electricity for its paper mill. Each dam operates by creating a pond, from which water bypasses part of the river to funnel through turbines before flowing back into the riverbed. Licenses to operate the dams are granted by the Federal Energy Regulatory Commission (FERC) pursuant to the Federal Power Act.〔16 U.S.C. §§ (817 )(1), (792 ); see also Public Utility Act of 1935, § 210.〕 In addition to the FERC licenses, the Water Quality Improvement Act of 1970 introduced a specific requirement for activities that could cause a "discharge" into navigable waters. The license for that activity is conditioned on a certification from the State in which the discharge may originate that it will not violate certain water quality standards, including those set by the State's own laws. That requirement was subsequently included in section 401 of the Clean Water Act.〔Codified at . The relevant text reads: "Any applicant for a Federal license or permit to conduct any activity . . . which may result in any discharge into the navigable waters shall provide the licensing or permitting agency a certification from the State in which the discharge originates . . . ." (a)(1). "Any certification provided under this section shall set forth any effluent limitations and other limitations, and monitoring requirements necessary to assure that any applicant for a Federal license or permit will comply with (1311, 1312, 1316, and 1317 ) and with any other appropriate requirement of State law set forth in such certification, and shall become a condition on any Federal license or permit subject to the provisions of this section." 33 U.S.C. § 1341(d).〕 In 1999, S. D. Warren sought to renew federal licenses for five of its dams. It applied for water quality certifications from the Maine Department of Environmental Protection, but it filed its application under protest, claiming that its dams did not result in any "discharge into" the river that would trigger the application of section 401. The Maine agency issued certifications that required Warren to maintain a minimum stream flow in the bypassed portions of the river and to allow passage for various migratory fish and eels. FERC eventually licensed the five dams subject to the Maine conditions, but the company continued to deny any need for state certification under section 401. After appealing unsuccessfully to Maine's administrative appeals tribunal, the Board of Environmental Protection, Warren filed suit in Cumberland County Superior Court. The court rejected Warren's argument that its dams do not result in discharges,〔''S.D. Warren Co. v. Maine Dep't of Envtl. Prot.'', No. AP-03-70, 2004 Me. Super. LEXIS 115 (Me. Super. Ct. May 4, 2004).〕 and the Maine Supreme Judicial Court affirmed.〔''S. D. Warren Co. v. Board of Environmental Protection'', 868 A.2d 210 (Me. 2005).〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「S. D. Warren Co. v. Maine Board of Environmental Protection」の詳細全文を読む スポンサード リンク
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