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S. D. WARREN CO. v. MAINE BOARD OF ENVIRONMENTAL PROTECTION ET AL.

No. 04–1527. Argued February 21, 2006—Decided May 15, 2006

The issue in this case was whether operating a dam to produce hydroelectricity “may result in any discharge intothe navigable waters” of the United States. If so, then a federal license under §401 of the [...]

The Court of Appeals for the District of Columbia ruled that the word “daily” in the “Total Maximum Dailiy Load” definition of the Clean Water Act means “every day.” A lower court had ruled that the word was ambiguious and that the use by the EPA of seasonal and annual TMDLs was reasonable. [...]