By: Rubina Manjikian JD/MCEP’27 and Haleigh Smith JD/MCEP’27
The Vermont Law and Graduate School (VLGS) Environmental Advocacy Clinic (EAC), together with its clients, is celebrating an important victory for Vermont’s waterways that will support state-based efforts to protect water quality around the country.
Announced in May, the D.C. Circuit ruled in Village of Morrisville, Vermont v. FERC that states do not lose the right to enforce water quality requirements for federally-licensed projects under Section 401 of the Clean Water Act (CWA)—like hydroelectric dams—when dam operators delay the process by withdrawing and resubmitting their applications.
This case centers around Morrisville Water & Light’s hydropower dams in northern Vermont. For over a decade, conservation groups have fought to ensure the dams meet Vermont’s water quality standards. Not only are these standards vital in the protection of aquatic habitats, they support outdoor recreation like rafting and fishing, and help keep Vermont’s rivers healthy for future generations.
Last year, the EAC (representing American Whitewater, Vermont Natural Resources Council, and the Vermont Council of Trout Unlimited) filed an amicus brief in the case, supporting the state of Vermont and emphasizing the importance of upholding these key water quality protections and holding dam operators accountable for complying with the CWA.
The D.C. Circuit agreed. Unlike a prior case, Hoopa Valley Tribe v. FERC (2019), where states had waived their authority by closely coordinating with the license applicant and agreeing to delay the process, Morrisville Water & Light delayed unilaterally. As a result, Vermont did not waive its authority to enforce water quality protections.
Section 401 of the CWA requires that states certify that federally funded projects will not harm water quality. These certifications ensure that dams must take measures to improve water flows, mitigate harms to aquatic habitats, and protect the recreational and cultural uses of waterways. The Morrisville ruling ensures that operators’ procedural tactics will not strip states of their authority to protect their waterways.
Water quality advocates and states can rely on the Morrisville precedent to support state authority to secure water quality protections from dams and other federal projects that may impact water quality. At a time when a wide range of environmental protections are at risk, Vermont’s victory empowers communities and clean water advocates nationwide to demand compliance with water quality standards that protect the environment and people who depend on healthy waterways.
The amicus brief was authored by EAC Director Christophe Courchesne, along with former Assistant Professor Diana Csank and former student attorneys Alexis McCullough JD’24, Lydia Samson JD’24, Taylor Scott Berkley JD’24, Ashton Danneels JD/MELP’25, and Willow Hogan JD’25.