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IN RE MORRISVILLE HYDROELECTRIC PROJECT

No. 18-339.

224 A.3d 473 (2019)

2019 VT 84

IN RE MORRISVILLE HYDROELECTRIC PROJECT WATER QUALITY (Vermont Natural Resources Council, Vermont Council of Trout Unlimited, and Agency of Natural Resources, Appellants)

Supreme Court of Vermont. March Term, 2019.

November 22, 2019.

Attorney(s) appearing for the Case

Thomas J. Donovan, Jr. , Attorney General, and Laura B. Murphy , Assistant Attorney General, Montpelier, for Appellant Vermont Agency of Natural Resources.

Jill Witkowski Heaps , East Amherst, New York, and Kenneth J. Rumelt , Environmental and Natural Resources Law Clinic, South Royalton, for Appellants Vermont Natural Resources Council and Vermont Council of Trout Unlimited.

James G. Murphy and William M. Kovalchik , Law Clerk (On the Brief), National Wildlife Federation, Montpelier, for Amici Curiae National Wildlife Federation, Sierra Club, Connecticut River Conservancy.

Gregory M. Eaton and Clara E. Conklin of Primmer Piper Eggleston & Cramer PC, Littleton, New Hampshire, for Cross-Appellants/Appellees Morrisville Water & Light Department.

Daniel P. Richardson and Ronald A. Shems of Tarrant Gillies & Richardson, Montpelier, for Appellees American Whitewater and Vermont Paddlers' Club.

PRESENT: Reiber, C.J., Skoglund, Robinson, Eaton and Carroll, JJ.

¶ 1. This appeal involves a state water-quality certification pursuant to the federal Clean Water Act (CWA) issued by the Vermont Agency of Natural Resources (ANR) for the operation of hydroelectric dams. ANR certified three dams operated by Morrisville Water and Light (MWL) and imposed conditions, including those to control the...

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