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PUD NO. 1 OF JEFFERSON CTY. v. WASHINGTON DEPARTMENT OF ECOLOGY

No. 92-1911.

511 U.S. 700 (1994)

114 S.Ct. 1900

128 L.Ed.2d 716

PUD NO. 1 OF JEFFERSON COUNTY et al. v. WASHINGTON DEPARTMENT OF ECOLOGY et al.

Supreme Court of United States.

Decided May 31, 1994.

Attorney(s) appearing for the Case

Howard E. Shapiro argued the cause for petitioners. With him on the briefs were Michael A. Swiger, Gary D. Bachman, Albert R. Malanca, and Kenneth G. Kieffer.

Christine O. Gregoire, Attorney General of Washington, argued the cause for respondents. With her on the briefs were Jay J. Manning, Senior Assistant Attorney General, and William C. Frymire, Assistant Attorney General.

Deputy Solicitor General Wallace argued the cause for the United States as amicus curiae urging affirmance. With him on the brief were Solicitor General Days, Acting Assistant Attorney General Schiffer, James A. Feldman, and Anne S. Almy.*

O'Connor, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Blackmun, Stevens, Kennedy, Souter, and Ginsburg, JJ., joined. Stevens, J., filed a concurring opinion, p. 723. Thomas, J., filed a dissenting opinion, in which Scalia, J., joined, p. 724.

Justice O'Connor, delivered the opinion of the Court.

Petitioners, a city and a local utility district, want to build a hydroelectric project on the Dosewallips River in Washington State. We must decide whether respondent state environmental agency (hereinafter respondent) properly conditioned a permit for the project on the maintenance of specific minimum stream flows to protect salmon and steelhead runs.

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