ARTICLE: THE SLEEPING GIANT AWAKENS: PUD NO. 1 OF JEFFERSON COUNTY V. WASHINGTON DEPARTMENT OF ECOLOGY Skip over navigation
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Copyright (c) 1995 Lewis & Clark Law School
Environmental Law

ARTICLE: THE SLEEPING GIANT AWAKENS: PUD NO. 1 OF JEFFERSON COUNTY V. WASHINGTON DEPARTMENT OF ECOLOGY

Spring, 1995

25 Envtl. L. 255

Author

By Katherine P. Ransel *

Excerpt

In May 1994 the United States Supreme Court established that the water quality certification provision of the Clean Water Act allows states to impose conditions on federally licensed hydroelectric projects based on state water quality standards, including minimum instream flow requirements. This Article analyzes the historical underpinnings, the Court's decision, and its implications for other federal permits, nonpoint source pollution, and water law and policy in general.


I. INTRODUCTION

The Dosewallips River is a sparkling gem in one of the crown jewels of our National Parks. It originates in the glacial peaks of the Olympic National Park, a World Heritage Site and International Biosphere Reserve. In an era when hydroelectric projects blanket the rivers of the Pacific Northwest, the Dosewallips is one of the few that runs free, from its source to the Puget Sound's Hood Canal. The "DOE-see" 1 might have remained an obscure little treasure, known only to those who haunt the Olympic Peninsula's temperate rainforest, had it not become the center of a decades-old struggle between the states and the federal government. Instead, it has caused a dramatic shift in the balance of power struck during the Progressive era in favor of centralized federal authority over the uses of the Nation's navigable waters.

In PUD No. 1 of Jefferson County v. Washington Department of Ecology, 2 the Supreme Court rejected the long-standing notion that the Federal Energy Regulatory Commission (FERC), by virtue of the Federal Power Act (FPA), has exclusive authority ...
 
 
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