Abstract
In this case, neither the Oregon Department of Environmental Quality nor the federal Energy Regulatory Commission found that a proposal to divert water from a river for hydroelectric power generation violated the federal Water Pollution Control Act or state regulations adopted under the act. However, they denied the certificate on the basis of a failure to show compliance with state and county land use regulations. An appellate court said that violation of any sections of the act or state regulations was the only basis on which the state has authority under the act to deny the certificate and that state agencies may not consider factors other than compliance with the provisions listed in the act or state regulations in deciding whether to issue a certificate.
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
