PUD No. 1 Case Study

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PUD No. 1 of Jefferson County v. Washington Department of Ecology 511 U.S. 700 (1994) Case Brief Facts 1. Public Utility District (PUD) 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 project, set to build a hydroelectric dam on the Dosewallips River, in Washington State, where the water was Class AA. 2. In order to begin the project, PUD needed to be permitted to do so from the Federal Energy Regulatory Commission (FERC). To be given a Federal permit from the FERC, first PUD would be required to be granted a State certification satisfying the Clean Water Act § 401. 3. Dosewallips River is an active area for fishery and wild life. 4. The state certification responded with…show more content…
The findings say that §401(d), applies to applicants and not discharges; thus allowing the State to assure compliance with “any other appropriate requirement of State law.” The Clean Water Act §303 says that the State water quality standards must consist of the designated uses of the navigable waters involves and the water quality criteria for such waters based upon those uses. The use of the river, in this case was for fish migration, rearing, swamping and harvesting. So, the designated use of the river as a fish habitat directly reflects the Clean Water Act’s goal of maintaining the ‘chemical, physical, and biological integrity of the Nations…show more content…
The water quantity, which can be measured by cfs, is related to water quality because lowering of the quantity could destroy the body of waters designated

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