Alabama Rivers Alliance v. FERC

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325 F.3d 290 (D.C. Cir. 2003)

Issue. Was the installation and operation of the three new turbine generators at the project an activity which may result in any discharge for purposes of § 401(a)(1) of the CWA?
Holding. The licensee must obtain a new or amended water quality certification under CWA section 401(a)(1) if the replacement of the generators will alter (either increase or decrease) the quantity of flow discharge.

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American Rivers v. FERC

Issue. Can FERC reject conditions contained in a State water quality certification?

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Contributed by:
Hydropower Reform Coalition

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