On May 12th, on behalf of our clients the Connecticut River Conservancy, American Rivers and group of Massachusetts citizens, Earthrise filed an administrative appeal of the Massachusetts Department of Environmental Protection (MassDEP)’s Clean Water Act § 401 Water Quality Certification for two hydropower facilities on the Connecticut River: Turners Falls Dam and the Northfield Mountain Pumped Storage Station. The Certification is related to an ongoing Federal Energy Regulatory Commission relicensing process for the two facilities that will govern their operations for the next 30 to 50 years.
The appeal highlights the § 401 Certification’s failure to ensure compliance with state water quality standards, including that the Certification fails to provide adequate flows to support a community of aquatic life and recreational uses below the Turners Falls Dam, fails to provide for timely and adequate fish passage, fails to sufficiently address erosion impacts from the projects, fails to protect state and federally listed endangered shortnose sturgeon, fails to ensure good aesthetic quality, and largely fails address the current and worsening impacts of climate change.
Earthrise is proud to support our clients’ work advocating for a healthier Connecticut River. Thanks to two of our fantastic clinic students (and newly-minted Lewis & Clark Law alumni), Maggie Baker and Ian Connolly for their work on this project throughout the academic year! Read CRC’s press release and the full notice of appeal to learn more.
