S. D. WARREN CO. V. MAINE BOARD OF ENVIRONMENTAL PROTECTION.

The article discusses the U.S. Supreme Court case S. D. Warren Co. versus Maine Board of Environmental Protection related to the Clean Water Act (CWA). It was asserted by the state the right to insert environmental requirement into permits for private dams licensed under the Federal Power Act because the dams produced a discharge into navigable waters that prevented the state from reaching designated water quality goals in violation of CWA section 401. The case represents a larger affirmation that the state and federal governments need flexibility to adjust their roles as the enforcement CWA expands for its traditional sphere to address water pollution in all its forms.