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S. D. WARREN CO. v. MAINE BD. OF ENVIRONMENTAL PROTECTION

No. 04-1527.

547 U.S. 370 (2006)

S. D. WARREN CO. v. MAINE BOARD OF ENVIRONMENTAL PROTECTION et al.

Supreme Court of United States.

Decided May 15, 2006.

Attorney(s) appearing for the Case

William J. Kayatta, Jr., argued the cause for petitioner. With him on the briefs was Matthew D. Manahan.

G. Steven Rowe, Attorney General of Maine, argued the cause for respondents. With him on the brief for Maine Board of Environmental Protection were Paul Stern, Deputy Attorney General, and Carol A. Blasi and Gerald D. Reid, Assistant Attorneys General. Richard J. Lazarus, Daniel H. Squire, Ethan G. Shenkman, Sean Mahoney, and Ronald A. Shems filed a brief for American Rivers et al. as respondents under this Court's Rule 12.6.

Jeffrey P. Minear argued the cause for the United States as amicus curiae urging affirmance. With him on the brief were Solicitor General Clement, Assistant Attorney General Wooldridge, Deputy Solicitor General Hungar, Greer S. Goldman, Ellen J. Durkee, John L. Smeltzer, and Ann R. Klee.*

JUSTICE SOUTER delivered the opinion of the Court.†

The issue in this case is whether operating a dam to produce hydroelectricity "may result in any discharge into the navigable waters" of the United States. If so, a federal license under § 401 of the Clean Water Act requires state certification that water protection laws will not be violated. We hold that a dam does raise a potential...

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