Eine Plattform für die Wissenschaft: Bauingenieurwesen, Architektur und Urbanistik
Eine Plattform für die Wissenschaft: Bauingenieurwesen, Architektur und Urbanistik
Denial of Certificate of Compliance Deemed an Error
In this case, neither the Oregon Department of Environmental Quality nor the federal Energy Regulatory Commission found that a proposal to divert water from a river for hydroelectric power generation violated the federal Water Pollution Control Act or state regulations adopted under the act. However, they denied the certificate on the basis of a failure to show compliance with state and county land use regulations. An appellate court said that violation of any sections of the act or state regulations was the only basis on which the state has authority under the act to deny the certificate and that state agencies may not consider factors other than compliance with the provisions listed in the act or state regulations in deciding whether to issue a certificate.
Denial of Certificate of Compliance Deemed an Error
In this case, neither the Oregon Department of Environmental Quality nor the federal Energy Regulatory Commission found that a proposal to divert water from a river for hydroelectric power generation violated the federal Water Pollution Control Act or state regulations adopted under the act. However, they denied the certificate on the basis of a failure to show compliance with state and county land use regulations. An appellate court said that violation of any sections of the act or state regulations was the only basis on which the state has authority under the act to deny the certificate and that state agencies may not consider factors other than compliance with the provisions listed in the act or state regulations in deciding whether to issue a certificate.
Denial of Certificate of Compliance Deemed an Error
01.12.1986
1 pages
Aufsatz (Zeitschrift)
Elektronische Ressource
Englisch
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