An Unlikely Alliance
S.D. Warren Company, a power company in Maine, controls the flow of water on the Presumpscott River with five dams it uses to create hydroelectric power. The State of Maine is trying to force the company to maintain a minimum level of flow in the river to prevent long stretches from drying up, as they have in the past. State and Federal law mandates that states have the power to approve any discharge into navigable waters. The power company said water flow from its dams did not meet the definition of "discharge". The battle went to the Supreme Court which sided with the state, which ironically was supported in its pro-discharge case by the state's attorney general and none other than the Bush Administration.
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