U.S. Supreme Court Decides a Clean Water Act Compliance Order Can Be Challenged In Court Prior to an EPA Enforcement Action
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Sackett v. U.S. Environmental Protection Agency, 566 U.S. __
In a unanimous decision authored by Justice Kennedy, the U.S. Supreme Court has rejected the State of Montana’s claim to $40 million in rent associated with the operation of a hydroelectric dam on nonnavigable stretches of a river in Montana.
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Topics) Energy and Power) Hydroelectric Power
Topics) Land Use) Riverbeds
Topics) United States Constitution) Equal Footing Doctrine
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PPL Montana LLC v. State of Montana