Environmental Nonprofits File Appeal of VT and NH Water Quality Certifications for Hydropower Facilities

Vernon Dam photo by Al Braden.

[Brattleboro, VT, May 19th, 2025] Five environmental non-profit organizations filed an appeal of the Clean Water Act §401 Water Quality Certification (WQC) issued by the Vermont Department of Environmental Conservation (VTDEC) and three of them appealed the New Hampshire Department of Environmental Services (NHDES) for three hydropower facilities on the Connecticut River: the Wilder Dam, Vernon Dam, and Bellows Falls Dam.  

The organizations include the Connecticut River Conservancy, American Whitewater, Conservation Law Foundation, Vermont Natural Resources Council, and American Rivers. This follows a similar announcement just a few days ago in Massachusetts regarding the appeal of WQCs for two other hydropower facilities. The WQCs for all five hydropower facilities undergoing relicensing on the mainstem of the Connecticut River—in New Hampshire, Vermont, and Massachusetts—are now being challenged. 

The Water Quality Certification refers to Section 401 of the Clean Water Act in which a federal agency (in this case the Federal Energy Regulatory Commission - FERC) may not issue a license to hydropower facilities with a discharge into public waters unless the state waives the certification requirement or issues a WQC certifying that the operation of the facility will comply with and be protective of existing water quality standards. 

“The states have a responsibility to uphold water quality and protect the public trust resource that is the Connecticut River,” said Kathy Urffer, Director of Policy and Advocacy and Vermont River Steward at the Connecticut River Conservancy. “Given that these licenses will last for the next 30 to 50 years, we’re taking this action to ensure they take that responsibility seriously.” 

The non-profits claim that the WQCs fall short in the following significant ways: by not requiring an enforceable and detailed plan to require recreational access; by failing to require timely and sufficient upstream and downstream fish passage; by failing to sufficiently address erosion impacts from the dams; by failing to address invasive species; by failing to sufficiently protect the state and federally listed endangered shortnose sturgeon; by largely ignoring the current and worsening impacts of climate change; and, in the case of NH, by failing to provide for meaningful public comment. 

“New Hampshire has an obligation under the Clean Water Act to make sure that these hydropower dams will not diminish the public’s ability to use and enjoy the Connecticut River for recreation,” said Bob Nasdor, American Whitewater Northeast Stewardship & Legal Director. “The state has utterly failed to do that here.”

After over a decade of research, documentation, submission of public comments, and a thorough review of both the application and draft WQCs, the non-profits contend that conditions proposed by VTDEC and NHDES in their final Water Quality Certifications are not sufficiently protective of the water quality, ecosystems, and recreational resources spanning over 150 miles of the Connecticut River affected by these three dams, as required by law. The Connecticut River Conservancy (CRC) and co-appellant non-profits commented on the application, the draft §401 WQC, and reviewed the final WQC. After determining that the state agencies did not follow the law in both VT and NH, and that the water quality standards would not be met by the conditions in the final certifications, CRC and partners filed appeals in both states. 

Any conditions required in the states’ WQCs will be included in the 30 to 50 yearlong licenses granted by FERC. It has been 13 years since the hydropower relicensing process began, and once issued, the new license will regulate facility actions for a generation. In Vermont, the state said that there was “reasonable assurance” that water quality standards would be met, rather than the “will comply” standard required by law.

“By applying a flawed standard in its certification, the State of Vermont fails to protect the Connecticut River and those who depend on it for clean water,” said Mason Overstreet, Conservation Law Foundation senior attorney. “Our region has experienced deadly and damaging floods in recent years and climate change will bring more intense storms, increased erosion, and heavier water flows. Yet, Vermont fails to take into account these critical impacts on water quality and river health. These licenses last for up to 40 years, making it even more vital that we get it right. We need to ensure dam operations can withstand a changing climate while safeguarding the river for generations to come.” 

As required by the Federal Clean Water Act and the Vermont and New Hampshire Surface Water Quality Standards, water quality in rivers must support designated and existing uses, which include water quality parameters such as turbidity and nutrient loads, aquatic life and its habitat, and water related recreation (e.g., boating, swimming). With the Connecticut River already being challenged with habitat loss, severe flooding, excessive bank erosion, and outdated recreation amenities, it is imperative that the states exercise their authority to protect water quality and the public’s use of the river from adverse impacts from the dams.    

CRC has been advocating since 2013 for the strongest possible license to support a healthier river over the coming decades. The conditions that Vermont and New Hampshire place in this WQC are the primary way for the states to protect this shared resource for many years to come. Without strong protective conditions in their WQCs, the states are failing to protect existing water quality, let alone enhance the quality of water as mandated by their own regulations. 

"We all deserve healthy water, thriving aquatic ecosystems, and recreational access on our rivers," said Lauren Hierl, executive director of Vermont Natural Resources Council. "Today's action helps protect these vital resources for current and future generations by ensuring this project complies with state and federal water laws for decades to come."

Contact for questions about this announcement:  

Kathy Urffer 

Director of Policy & Advocacy & River Steward in Vermont 

Connecticut River Conservancy 

802-258-0413 | kurffer@ctriver.org 

Rebecca Todd 

Executive Director 

Connecticut River Conservancy 

413 834-9457 | rtodd@ctriver.org  

Bob Nasdor

Northeast Stewardship & Legal Director

American Whitewater

617-584-4566 | bob@americanwhitewater.org 

Louise Lintilhac

Communications Director

VNRC

802-238-9032 | llintilhac@vnrc.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 Conservation Law Foundation 

Conservation Law Foundation, a member-supported nonprofit, protects New England’s environment for the benefit of all people. We use the law, science, and the market to create solutions that preserve our natural resources, build healthy communities, and sustain a vibrant economy. Learn more at clf.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. 

About American Whitewater

American Whitewater is a national non-profit 501(c)(3) river conservation and recreation organization founded in 1954. With approximately 7,000 members and 85 affiliate clubs, representing tens of thousands of whitewater paddlers across the nation, American Whitewater’s mission is to protect and restore our nation’s whitewater resources and to enhance opportunities to enjoy them safely. Our members are primarily conservation-oriented kayakers and canoeists, many of whom live and/or engage in recreational boating in the New England region within easy proximity of the Connecticut River. American Whitewater has long been involved with the FERC licensed hydropower projects in Vermont and New Hampshire, including hydropower projects located on the Connecticut, Green, Missisquoi, Mad, Wells, and Salmon Falls rivers.

About VNRC 

Through research, education, collaboration and advocacy, VNRC protects and enhances Vermont’s natural environments, vibrant communities, productive working landscapes, rural character and unique sense of place, and prepares the state for future challenges and opportunities.