Pud No. 1 of Jefferson County v. Washington Department of Ecology

128 L. Ed. 2d 716, 8 Fla. L. Weekly Fed. S 172, 114 S. Ct. 1900, 511 U.S. 700, 24 Envtl. L. Rep. (Envtl. Law Inst.) 20945, 94 Cal. Daily Op. Serv. 3843, 38 ERC (BNA) 1593, 1994 U.S. LEXIS 4271, 62 U.S.L.W. 4408, 94 Daily Journal DAR 7236
Supreme Court of the United States·Decided May 31, 1994·No. 92-1911·Published·Cited by 209 cases

Opinions

[703] 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.

[704] I

This case involves the complex statutory and regulatory scheme that governs our Nation’s waters, a scheme that implicates both federal and state administrative responsibilities. The Federal Water Pollution Control Act, commonly known as the Clean Water Act, 86 Stat. 816, as amended, 33 U. S. C. § 1251 et seq., is a comprehensive water quality statute designed to “restore and maintain the chemical, physical, and biological integrity of the Nation’s waters.” § 1251(a). The Act also seeks to attain “water quality which provides for the protection and propagation of fish, shellfish, and wildlife.” § 1251(a)(2).

To achieve these ambitious goals, the Clean Water Act establishes distinct roles for the Federal and State Governments. Under the Act, the Administrator of the Environmental Protection Agency (EPA) is required, among other things, to establish and enforce technology-based limitations on individual discharges into the country’s navigable waters from point sources. See §§1311, 1314. Section 303 of the Act also requires each State, subject to federal approval, to institute comprehensive water quality standards establishing water quality goals for all intrastate waters. §§ 1311(b) (1)(C), 1313. These state water quality standards provide “a supplementary basis ... so that numerous point sources, despite individual compliance with effluent limitations, may be further regulated to prevent water quality from falling below acceptable levels.” EPA v. California ex rel. State Water Resources Control Bd., 426 U. S. 200, 205, n. 12 (1976).

A state water quality standard “shall consist of the designated uses of the navigable waters involved and the water quality criteria for such waters based upon such uses.” 33 U. S. C. § 1313(c)(2)(A). In setting standards, the State must comply with the following broad requirements:

“Such standards shall be such as to protect the public health or welfare, enhance the quality of water and [705] serve the purposes of this chapter. Such standards shall be established taking into consideration their use and value for public water supplies, propagation of fish and wildlife, recreational [and other purposes.]” Ibid.

See also § 1251(a)(2).

A 1987 amendment to the Clean Water Act makes clear that § 303 also contains an “antidegradation policy” — that is, a policy requiring that state standards be sufficient to maintain existing beneficial uses of navigable waters, preventing their further degradation. Specifically, the Act permits the revision of certain effluent limitations or water quality standards “only if such revision is subject to and consistent with the antidegradation policy established under this section.” § 1313(d)(4)(B). Accordingly, EPA’s regulations implementing the Act require that state water quality standards include “a statewide antidegradation policy” to ensure that “[e]xisting instream water uses and the level of water quality necessary to protect the existing uses shall be maintained and protected.” 40 CFR § 131.12 (1993). At a minimum, state water quality standards must satisfy these conditions. The Act also allows States to impose more stringent water quality controls. See 33 U. S. C. §§ 1311(b)(1)(C), 1370. See also 40 CFR § 131.4(a) (1993) (“As recognized by section 510 of the Clean Water Act[, 33 U. S. C. § 1370], States may develop water quality standards more stringent than required by this regulation”).

The State of Washington has adopted comprehensive water quality standards intended to regulate all of the State’s navigable waters. See Washington Administrative Code (WAC) 173-201-010 to 173-201-120 (1986). The State created an inventory of all the State’s waters, and divided the waters into five classes. 173-201-045. Each individual fresh surface water of the State is placed into one of these classes. 173-201-080. The Dosewallips River is classified AA, extraordinary. 173-201-080(32). The water quality [706] standard for Class AA waters is set forth at 173-201-045(1). The standard identifies the designated uses of Class AA waters as well as the criteria applicable to such waters.1

[707] In addition to these specific standards applicable to Class AA waters, the State has adopted a statewide antidegradation policy. That policy provides:

“(a) Existing beneficial uses shall be maintained and protected and no further degradation which would interfere with or become injurious to existing beneficial uses will be allowed.
“(b) No degradation will be allowed of waters lying in national parks, national recreation areas, national wildlife refuges, national scenic rivers, and other areas of national ecological importance.
“(f) In no case, will any degradation of water quality be allowed if this degradation interferes with or becomes injurious to existing water uses and causes long-term and irreparable harm to the environment.” 173-201-035(8).

As required by the Act, EPA reviewed and approved the State’s water quality standards. See 33 U. S. C. § 1313(c)(3); 42 Fed. Reg. 56792 (1977). Upon approval by EPA, the state standard became “the water quality standard for the applicable waters of that State.” 33 U. S. C. § 1313(c)(3).

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Pud No. 1 of Jefferson County v. Washington Department of Ecology, 128 L. Ed. 2d 716, 8 Fla. L. Weekly Fed. S 172, 114 S. Ct. 1900, 511 U.S. 700, 24 Envtl. L. Rep. (Envtl. Law Inst.) 20945, 94 Cal. Daily Op. Serv. 3843, 38 ERC (BNA) 1593, 1994 U.S. LEXIS 4271, 62 U.S.L.W. 4408, 94 Daily Journal DAR 7236 (U.S. 1994).

128 L. Ed. 2d 716 (Pud No. 1 of Jefferson County v. Washington Department of Ecology) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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