Connecticut River Conservancy & American Rivers File Appeal of MassDEP Water Quality Certification for Hydropower Facilities
- Diana Chaplin
- 1 day ago
- 4 min read
[Greenfield, MA, May 14th, 2025] Two environmental non-profit organizations, the Connecticut River Conservancy (CRC) and American Rivers, have filed an appeal of the Clean Water Act §401 Water Quality Certification issued by the Massachusetts Department of Environmental Protection (MassDEP) for two hydropower facilities on the Connecticut River: the Turners Falls Dam and the Northfield Mountain Pumped Storage Station–one of the largest energy generating projects in the state at 1,100 megawatts.
Any conditions set in the state’s Water Quality Certification (WQC) will be included in the 30 to 50 yearlong licenses granted by the Federal Energy Regulatory Commission (FERC). It has been 13 years since the hydropower relicensing process began, and once issued, the new licenses will regulate facility actions for a generation.
MassDEP’s WQC falls short in the following significant ways: by not requiring adequate flows below the Turners Falls Dam to support a community of aquatic life and recreational uses; by failing to require timely and sufficient upstream and downstream fish passage; by failing to sufficiently address erosion impacts from the Projects; by failing to sufficiently protect the state and federally listed endangered shortnose sturgeon; by not ensuring the river in the vicinity of the Projects exhibits good aesthetic quality; and by largely ignoring the current and worsening impacts of climate change.
“The new license will be in place for the next 30-50 years or more” said Nina Gordon-Kirsch, River Steward in Massachusetts at the Connecticut River Conservancy. “It’s a once-in-a-lifetime opportunity to ensure that appropriate safeguards are put in place to protect the Connecticut River, a shared public trust resource that is the lifeblood of our habitats and communities.”
After over a decade of research, documentation, submission of public comments, and most recently, a thorough review of the state water quality standards, the Connecticut River Conservancy and American Rivers contend that conditions proposed by MassDEP in their final Water Quality Certification do not protect the water quality, ecosystems, and recreational resources for the approximately 22 miles of the Connecticut River affected by these two projects, and as required by law. CRC and American Rivers, among others, commented on the application, the draft §401 WQC, and reviewed the final WQC. After determining that the water quality standards would not be met by the provisions in the final certificate, CRC and American Rivers filed a request for an adjudicatory hearing.
“The issues raised in this appeal have national significance for how a state ensures that its responsibilities to the public and their rivers are met. While there are many improvements included in the state’s water quality certificate, there are significant shortcomings that favor the financial interests of the applicant over the requirements of the Clean Water Act” says Andrew Fisk, Ph.D., Northeast Regional Director at American Rivers.
As required by the Federal Clean Water Act and the Massachusetts Surface Water Quality Standards, water quality in rivers must support designated and existing uses, which in this case include “aquatic life and its habitat, water related recreation (e.g., boating, swimming) and consistently good aesthetic value.” With the Connecticut River already being challenged with habitat loss, severe flooding, bank erosion, and compromised recreation, it is imperative that the Commonwealth exercises its authority to protect water quality and designated uses from adverse impacts from the Projects.
CRC has been advocating since 2013 for the strongest possible license to support a healthier river over the coming decades. The conditions that the Commonwealth of MA places in this Water Quality Certification are the one way that the Commonwealth can protect this shared resource. Without that, the Commonwealth is failing to “take all action necessary or appropriate to secure to the Commonwealth the benefits of the federal Clean Water Act” as mandated by their own regulations.
“The Connecticut River is a resource for all of us, not just for those who profit from it. We expect that the Commonwealth will preserve and protect the River for all” said Kathy Urffer, the Director of Policy and Advocacy at the Connecticut River Conservancy.
Contacts for questions about this announcement:
Nina Gordon-Kirsch
River Steward in Massachusetts
Connecticut River Conservancy
413-772-2020 ext. 216 | ngordonkirsch@ctriver.org
Kathy Urffer
Director of Policy & Advocacy
Connecticut River Conservancy
802-258-0413 | kurffer@ctriver.org
Andrew Fisk, Ph.D.
Northeast Regional Director
American Rivers
413-407-6484 | afisk@americanrivers.org
About the Connecticut River Conservancy:
The Connecticut River Conservancy (CRC) restores and advocates for clean water, healthy habitats, and resilient communities to support a diverse and thriving watershed. CRC has been a steward of the Connecticut River and tributary streams since 1952. Their programs include advocacy, aquatic invasive species management, dam removal, habitat restoration, migratory fish surveys, recreation, trash cleanups, and water quality monitoring. Together through community engagement and education, they’re dedicated to ensuring equitable access and healthy rivers for all. Learn more at ctriver.org.
About American Rivers:
For more than a half century, American Rivers has combined evidence-based solutions with enduring partnerships to safeguard the 3.5 million miles of rivers and streams that are essential to our nation’s clean drinking water, extraordinary wildlife, and strength of our communities. We know the best outcomes for rivers happen when everyone involved wins. Our experts — from scientists to engineers to policy leaders — work both nationally and locally to find comprehensive, common-sense solutions to the many needs of a river and all who depend on it. Learn more at americanrivers.org.