Nick Rahall: “this amendment represents the granddaddy of all burdens on the States, of all unfunded mandates on the States and of all…”

“this amendment represents the granddaddy of all burdens on the States, of all unfunded mandates on the States and of all violations of the rights of the States. What this amendment says is that we will let the Federal Government, in the form of FERC, run roughshod over State water quality determinations during the licensing of hydroelectric power projects. It is an amendment of convenience. At times, it is convenient to support State primacy. This time, to some, apparently it is not convenient. And so, what this amendment basically says is that we will allow FERC to shove hydro projects down the throats of the States, and while we're at it, overturn a Supreme Court decision and disregard the views of 40 State attorneys general. The simple fact of the matter is that water quality, where the States have primacy under section 401 of the act, and water quantity considerations cannot be separated. For this reason, the States currently have the right to condition hydroelectric power licenses issued by FERC to protect their bona fide interest in maintaining the water quality of their rivers and streams. This amendment would do away with that fundamental right of the States.”