[DOWNLOAD] "Department Of Ecology V. Public Utility District No. 1 Of Jefferson County" by Supreme Court of Washington " Book PDF Kindle ePub Free
eBook details
- Title: Department Of Ecology V. Public Utility District No. 1 Of Jefferson County
- Author : Supreme Court of Washington
- Release Date : January 01, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 86 KB
Description
This case arises as a result of plans of the City of Tacoma and the Jefferson County Public Utility District 1 (hereinafter Tacoma) to build a hydroelectric facility on the Dosewallips River. Federal law requires Tacoma to obtain a certificate from the Washington State Department of Ecology (Ecology) before beginning construction. Ecology granted the certificate but conditioned it upon Tacoma maintaining a certain minimum streamflow in the affected portion of the river. Tacoma argues that federal law preempts Ecology from setting this streamflow requirement, and that Ecology acted outside its authority because the requirement was designed to enhance the Dosewallips fishery rather than preserve it. We hold that there is no federal preemption and that setting the streamflow requirement was within Ecology's authority.