PCHB NO. 03-075: ORDER ON MOTIONS IN LIMINE
CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION and the COLUMBIA RIVER INTER-TRIBAL FISH COMMISSION,
v.  PUBLIC UTILITY DISTRICT No. 1 OF CHELAN CO., Respondents.
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Overview:  On May 22, 2003, Appellants filed an appeal with the Pollution Control Hearings Board (PCHB), contesting the Department of Ecology’s Order No. 03WQCR-5420, 401 Certification of the Lake Chelan Hydroelectric Project. Appellants’ challenge rests on the claim that the project currently violates state water quality standards, and that the 401 Certification improperly uses the device of adaptive management to allow the project to continue violating state water quality standards.