A hydropower dam owner in Maine has brought a case to the U.S. Supreme Court (S.D. Warren v. Maine Board of Environmental Protection) that could take away every State’s ability to use the Clean Water Act to protect rivers, fish, wildlife, water quality, and recreation at hydropower dams. Specifically, hydro power operators typically must obtain state water quality certification to operate a project on a public waterway. Acquiring this certification requires formal evaluation of flow needs for fish, wildlife, and recreation. This state certification is one of our most important tools in hydrolicensing necessary to protect the public interest. We need you to call your State’s Attorney General now and insist that they stand with Maine and stand up for rivers (some key points for your conversation are below).
Since the main issue in this case revolves around a state’s right to regulate water quality within its borders, the court will care about what the states themselves have to say. The states of New York and Washington have been working together to prepare a brief for the Supreme Court in support of Maine’s position. But even more important than what the states say in the brief is how many states have signed onto the brief. Since the briefs are due during the holidays, states will need your encouragement to keep this vital case from slipping through the cracks.
American Rivers and Friends of the Presumpscot are also parties to this case, and will be filing a brief along with the state of Maine. Several other parties, including American Whitewater are also filing friend of the court briefs. If you would like more information about these briefs or have any questions, contact John Seebach at (202) 641-0914 or jseebach@amrivers.org.
You can find your Attorney General’s contact information here:
http://naag.org/ag/full_ag_table.php
Talking points:
- My name is YOUR NAME, and I’m a citizen of YOUR STATE
- I’m calling to ask you to protect YOUR STATE’s authority to protect water quality on rivers affected by hydropower dams.
- A case pending in front of the U.S. Supreme Court, S.D. Warren Co. v. Maine Dep’t of Environ. Protection, threatens to usurp this valuable state authority.
- States regularly use this Clean Water Act Section 401 certification authority to protect water quality, fisheries, wildlife, recreation, and other important natural resources that are harmed by hydropower dams. This authority in the Clean Water Act was granted to the States by Congress specifically to address water quality issues at hydropower dams.
- The states of New York and Washington are drafting an amicus (friend-of-the-court) brief in support of the state of Maine, which is having its 401 authority challenged by a hydropower dam owner. If the dam owner wins, the decision would affect every state, including YOUR STATE.
- The offices of the Washington and New York Attorneys General have circulated a draft of this brief this week (the week of 12/19). It is critical that YOUR STATE sign on to this brief before January 5th.
- In the past, as many as 40 states at a time have signed on to similar amicus briefs that challenged states’ Clean Water Act section 401 authority.
- [If your Attorney General asks for more information]: Please have them call the contacts in the states of Washington or New York that are listed on the draft brief.