• Ninth Circuit: Water-Quality Exceedences Tied to Existence of Federal Dams Is Not a Violation of Federal Clean Water Act
  • October 18, 2004 | Authors: Thomas M. Berliner; Karen L. Donovan
  • Law Firm: Duane Morris LLP - San Francisco Office
  • The Ninth Circuit U.S. Court of Appeals recently issued a significant opinion finding that the U.S. Army Corps of Engineers did not violate the Clean Water Act (CWA) requirement to comply with state water-quality standards in its operation of the four dams on the lower Snake River. The court's conclusion that the existence of the dams, and the resulting exceedences of state water-quality requirements for temperatures, were not a violation of the CWA has far-reaching consequences.