Authority of States of Use Section 401 Water Quality Certification to Deny or Condition Federal Energy Regulatory Commission Licenses
Abstract
This thesis discusses a recent United States Supreme Court case that will have a profound influence on the licensure of hydroelectric projects and the related ability of States to protect the quality of their waters. On October 4, 1993, the Supreme Court granted a Writ of Certiorari to resolve a conflict among the state courts of last resort. This case involves two fundamental and competing national interests: the nation's thirst for cheap, dependable power versus its equally strong desire to improve the quality of its water resources. It also involves two underlying regulatory regimes that overlap and conflict with each other in some ways. This case illustrates how those two national interests and their underlying regulatory regimes cannot always be reconciled. It also demonstrates how Congress, with its muddled ways of passing legislation, can create conflicts between federal and state regulatory agencies.
Document Details
- Document Type
- Technical Report
- Publication Date
- Sep 30, 1994
- Accession Number
- ADA283382
Entities
People
- Erich O. Hart
Organizations
- Air Force Institute of Technology