S. D. Warren Co. v. Maine Bd. of Env. Protection
Encyclopedia
S. D. Warren Co. v. Maine Board of Environmental Protection, 547 U.S. 370
(2006), was a case decided by the Supreme Court of the United States
involving licensing requirements under the Clean Water Act
. The Court ruled unanimously that hydroelectric dams were subject to section 401 of the Act, which conditioned federal licensing for a licensed activity that could result in "any discharge" into navigable waters upon the receipt of a state certification that water protection laws would not be violated. The Court believed that since the Act did not define the word "discharge" it should be given its ordinary meaning, such that the simple flowing forth of water from a dam qualified.
operates several hydroelectric dams along the course of the Presumpscot River
in southern Maine
, which generate electricity for its paper mill
. Each dam operates by creating a pond, from which water bypasses part of the river to funnel through turbine
s before flowing back into the riverbed. Licenses to operate the dams are granted by the Federal Energy Regulatory Commission
(FERC) pursuant to the Federal Power Act
.
In addition to the FERC licenses, the Water Quality Improvement Act of 1970 introduced a specific requirement for activities that could cause a "discharge" into navigable waters. The license for that activity is conditioned on a certification from the State
in which the discharge may originate that it will not violate certain water quality standards, including those set by the State's own laws. That requirement was subsequently included in section 401 of the Clean Water Act
.
In 1999, S. D. Warren sought to renew federal licenses for five of its dams. It applied for water quality certifications from the Maine Department of Environmental Protection, but it filed its application under protest, claiming that its dams did not result in any "discharge into" the river that would trigger the application of section 401. The Maine agency issued certifications that required Warren to maintain a minimum stream flow in the bypassed portions of the river and to allow passage for various migratory fish
and eels. FERC eventually licensed the five dams subject to the Maine conditions, but the company continued to deny any need for state certification under section 401.
After appealing unsuccessfully to Maine's administrative appeals tribunal, the Board of Environmental Protection, Warren filed suit in Cumberland County
Superior Court
. The court rejected Warren's argument that its dams do not result in discharges, and the Maine Supreme Judicial Court
affirmed.
, and was joined by the whole Court. However, Justice Antonin Scalia
, a noted critic of the use of legislative history
in statutory interpretation
, did not join in Part III-C of the opinion, which criticized the company's argument based on legislative history.
The Court observed that the Clean Water Act
did not define discharge, but stated that "the term ‘discharge’ when used without qualification includes a discharge of a pollutant, and a discharge of pollutants." The Act furthermore defined "discharge of a pollutant
" and "discharge of pollutants," as meaning "any addition of any pollutant to navigable waters from any point source." The Court believed this meant "discharge" was broader than these definitions, or else the term was superfluous. Because of the lack of a statutory definition, and because it is not a term of art, the Court was left to instead construe it "in accordance with its ordinary or natural meaning."
Citing to Webster's New International Dictionary, the Court explained that "discharge" commonly means a "flowing or issuing out," an ordinary sense of the word that the Court had used in prior water-related cases. A 1994 decision specifically involving section 401 had even used this definition. The Environmental Protection Agency
and FERC
had also regularly read "discharge" by this plain meaning, so as to cover releases from hydroelectric dams. Though Chevron deference
did not apply in this context, the Court nevertheless believed that those usages of "discharge" by those agencies "confirms our understanding of the everyday sense of the term."
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(2006), was a case decided by the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
involving licensing requirements under the Clean Water Act
Clean Water Act
The Clean Water Act is the primary federal law in the United States governing water pollution. Commonly abbreviated as the CWA, the act established the goals of eliminating releases of high amounts of toxic substances into water, eliminating additional water pollution by 1985, and ensuring that...
. The Court ruled unanimously that hydroelectric dams were subject to section 401 of the Act, which conditioned federal licensing for a licensed activity that could result in "any discharge" into navigable waters upon the receipt of a state certification that water protection laws would not be violated. The Court believed that since the Act did not define the word "discharge" it should be given its ordinary meaning, such that the simple flowing forth of water from a dam qualified.
Background of the case
The S. D. Warren CompanyS. D. Warren Paper Mill
S. D. Warren Paper Mill is a small mill built on the Presumpscot River in the 1730s in a rural and fairly unpopulated area. In 1854, that small paper mill, in the soon-to-be established town of Westbrook, Maine, was purchased for $28,000 by Samuel Dennis Warren. The mill was named Grant, Warren and...
operates several hydroelectric dams along the course of the Presumpscot River
Presumpscot River
The Presumpscot River is a river located in Cumberland County, Maine. It is the main outlet of Sebago Lake.-Course:The river flows through the communities of Standish, Windham, Gorham, Westbrook, Portland, and Falmouth before emptying into Casco Bay at Falmouth...
in southern Maine
Maine
Maine is a state in the New England region of the northeastern United States, bordered by the Atlantic Ocean to the east and south, New Hampshire to the west, and the Canadian provinces of Quebec to the northwest and New Brunswick to the northeast. Maine is both the northernmost and easternmost...
, which generate electricity for its paper mill
Paper mill
A paper mill is a factory devoted to making paper from vegetable fibres such as wood pulp, old rags and other ingredients using a Fourdrinier machine or other type of paper machine.- History :...
. Each dam operates by creating a pond, from which water bypasses part of the river to funnel through turbine
Turbine
A turbine is a rotary engine that extracts energy from a fluid flow and converts it into useful work.The simplest turbines have one moving part, a rotor assembly, which is a shaft or drum with blades attached. Moving fluid acts on the blades, or the blades react to the flow, so that they move and...
s before flowing back into the riverbed. Licenses to operate the dams are granted by the Federal Energy Regulatory Commission
Federal Energy Regulatory Commission
The Federal Energy Regulatory Commission is the United States federal agency with jurisdiction over interstate electricity sales, wholesale electric rates, hydroelectric licensing, natural gas pricing, and oil pipeline rates...
(FERC) pursuant to the Federal Power Act
Federal Power Act
The Federal Power Act is a law appearing in Chapter 12 of Title 16 of the United States Code, entitled "Federal Regulation and Development of Power". Enacted as the Federal Water Power Act on June 10, 1920, and amended many times since, its original purpose was to more effectively coordinate the...
.
In addition to the FERC licenses, the Water Quality Improvement Act of 1970 introduced a specific requirement for activities that could cause a "discharge" into navigable waters. The license for that activity is conditioned on a certification from the State
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
in which the discharge may originate that it will not violate certain water quality standards, including those set by the State's own laws. That requirement was subsequently included in section 401 of the Clean Water Act
Clean Water Act
The Clean Water Act is the primary federal law in the United States governing water pollution. Commonly abbreviated as the CWA, the act established the goals of eliminating releases of high amounts of toxic substances into water, eliminating additional water pollution by 1985, and ensuring that...
.
In 1999, S. D. Warren sought to renew federal licenses for five of its dams. It applied for water quality certifications from the Maine Department of Environmental Protection, but it filed its application under protest, claiming that its dams did not result in any "discharge into" the river that would trigger the application of section 401. The Maine agency issued certifications that required Warren to maintain a minimum stream flow in the bypassed portions of the river and to allow passage for various migratory fish
Fish migration
Many types of fish migrate on a regular basis, on time scales ranging from daily to annually or longer, and over distances ranging from a few metres to thousands of kilometres...
and eels. FERC eventually licensed the five dams subject to the Maine conditions, but the company continued to deny any need for state certification under section 401.
After appealing unsuccessfully to Maine's administrative appeals tribunal, the Board of Environmental Protection, Warren filed suit in Cumberland County
Cumberland County, Maine
Cumberland County is a county located in the U.S. state of Maine. As of 2010, the population was 281,674. Its county seat is Portland, and is the most populous of the sixteen Maine counties, as well as the most affluent. Cumberland County has the deepest and second largest body of water in the...
Superior Court
Maine Superior Court
The Maine Superior Court is the trial court of general jurisdiction in the Maine state court system.All state jury trials are held in the Superior Court. The court is located in each of Maine's 16 counties . The Court consists of 17 justices who all have statewide jurisdiction and travel to the...
. The court rejected Warren's argument that its dams do not result in discharges, and the Maine Supreme Judicial Court
Maine Supreme Judicial Court
The Maine Supreme Judicial Court is the highest court in Maine's judicial system. Known as the Law Court when sitting as an appellate court, it is composed of seven justices, who are appointed by the Governor and confirmed by the Maine Senate...
affirmed.
The court's decision
The Court unanimously affirmed the decision of the Maine Supreme Judicial Court. The Court's opinion was delivered by Justice David SouterDavid Souter
David Hackett Souter is a former Associate Justice of the Supreme Court of the United States. He served from 1990 until his retirement on June 29, 2009. Appointed by President George H. W. Bush to fill the seat vacated by William J...
, and was joined by the whole Court. However, Justice Antonin Scalia
Antonin Scalia
Antonin Gregory Scalia is an American jurist who serves as an Associate Justice of the Supreme Court of the United States. As the longest-serving justice on the Court, Scalia is the Senior Associate Justice...
, a noted critic of the use of legislative history
Legislative history
Legislative history includes any of various materials generated in the course of creating legislation, such as committee reports, analysis by legislative counsel, committee hearings, floor debates, and histories of actions taken...
in statutory interpretation
Statutory interpretation
Statutory interpretation is the process by which courts interpret and apply legislation. Some amount of interpretation is always necessary when a case involves a statute. Sometimes the words of a statute have a plain and straightforward meaning. But in many cases, there is some ambiguity or...
, did not join in Part III-C of the opinion, which criticized the company's argument based on legislative history.
The Court observed that the Clean Water Act
Clean Water Act
The Clean Water Act is the primary federal law in the United States governing water pollution. Commonly abbreviated as the CWA, the act established the goals of eliminating releases of high amounts of toxic substances into water, eliminating additional water pollution by 1985, and ensuring that...
did not define discharge, but stated that "the term ‘discharge’ when used without qualification includes a discharge of a pollutant, and a discharge of pollutants." The Act furthermore defined "discharge of a pollutant
Pollution
Pollution is the introduction of contaminants into a natural environment that causes instability, disorder, harm or discomfort to the ecosystem i.e. physical systems or living organisms. Pollution can take the form of chemical substances or energy, such as noise, heat or light...
" and "discharge of pollutants," as meaning "any addition of any pollutant to navigable waters from any point source." The Court believed this meant "discharge" was broader than these definitions, or else the term was superfluous. Because of the lack of a statutory definition, and because it is not a term of art, the Court was left to instead construe it "in accordance with its ordinary or natural meaning."
Citing to Webster's New International Dictionary, the Court explained that "discharge" commonly means a "flowing or issuing out," an ordinary sense of the word that the Court had used in prior water-related cases. A 1994 decision specifically involving section 401 had even used this definition. The Environmental Protection Agency
United States Environmental Protection Agency
The U.S. Environmental Protection Agency is an agency of the federal government of the United States charged with protecting human health and the environment, by writing and enforcing regulations based on laws passed by Congress...
and FERC
Federal Energy Regulatory Commission
The Federal Energy Regulatory Commission is the United States federal agency with jurisdiction over interstate electricity sales, wholesale electric rates, hydroelectric licensing, natural gas pricing, and oil pipeline rates...
had also regularly read "discharge" by this plain meaning, so as to cover releases from hydroelectric dams. Though Chevron deference
Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc.
Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 , was a case in which the United States Supreme Court set forth the legal test for determining whether to grant deference to a government agency's interpretation of a statute which it administers...
did not apply in this context, the Court nevertheless believed that those usages of "discharge" by those agencies "confirms our understanding of the everyday sense of the term."