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Environmental Protection Agency (EPA) Certification Requirements

Troutman Pepper

California AG Settles Alleged Violations of Engine Emission Control and Certification Requirements

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California Attorney General (AG) Rob Bonta and the California Air Resources Board (the Board) have reached a $46 million agreement with engine manufacturer Cummins Inc. to settle alleged violations of California’s engine...more

Williams Mullen

Proposed Rule: Avoiding a Worst-Case Scenario for Worst-Case Discharges

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EPA is poised to issue a final rule (the Rule) requiring stringent planning requirements for facilities with the potential for a “worst-case discharge” that could reasonably be expected to cause substantial harm to the...more

Beveridge & Diamond PC

The Biden Boomerang Effect Reaches Clean Water Act Section 401: EPA Reverses Trump-Era Rules that Reduced State Certification...

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On September 15, 2023, the U.S. Environmental Protection Agency (EPA) issued its final rule governing water quality certifications under Section 401 of the Clean Water Act (CWA). Section 401 requires the applicant for a...more

Pierce Atwood LLP

EPA Proposes Changes (Again) to CWA Water Quality Certification Rule

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Recently, the Environmental Protection Agency (EPA) issued a proposed rule to replace existing regulatory requirements for water quality certifications under Section 401 of the Clean Water Act (CWA)....more

Bond Schoeneck & King PLLC

EPA Proposed Modified Water Quality Rule Creating Greater Uncertainty

On June 2, 2022, the United States Environmental Protection Agency (EPA) announced a proposed rule updating the water quality certification regulatory requirements under Section 401 of the Clean Water Act (CWA). This proposed...more

Holland & Knight LLP

Environmental Protection Agency Proposes Revised Clean Water Act Regulation

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The U.S. Environmental Protection Agency (EPA) published a proposed rule on June 9, 2022, to revise the requirements for water quality certification under the Clean Water Act (CWA) Section 401. The proposed rule changes both...more

Robinson+Cole Environmental Law +

SCOTUS Temporarily Resurrects Trump-ERA Clean Water Act Rule

On April 6, 2022, by a 5-4 vote in the case of Louisiana, et. al. v. American Rivers, et. al., the Supreme Court temporarily resurrected a Trump-era rule that sought to stop the practice of many states and tribes from...more

Troutman Pepper

Supreme Court Re-Instates the Clean Water Act Section 401 Certification Rule

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Today, in a 5-4 decision, the Supreme Court re-instated the U.S. Environmental Protection Agency’s (EPA’s) 2020 Clean Water Act (CWA) section 401 rule (Certification Rule). The Court stayed a decision by the U.S. District...more

Ballard Spahr LLP

U.S. Supreme Court Reinstates Trump-era Water Rule Pending Appeal

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The U.S. Supreme Court stayed a ruling today that blocked implementation of a Trump-era water quality rule narrowing the authority of state and tribal authorities to reject projects that would violate state or tribal water...more

Troutman Pepper

Clean Water Act Section 401 Certification Rule Litigation Continues

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As the U.S. Environmental Protection Agency (EPA) prepares its Clean Water Act (CWA) Section 401 rule proposal, litigation regarding the 2020 Trump-era rule (Certification Rule) continues. Currently, the issue of whether to...more

Troutman Pepper

Court Decision to Vacate, Remand State Water Quality 401 Certification Rule

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On October 21, the U.S. District Court for the Northern District of California vacated and remanded the U.S. Environmental Protection Agency’s (EPA) 2020 Clean Water Act Section 401 final rule (Certification Rule)....more

Troutman Pepper

EPA Issues 401 Q&A

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On Friday, December 17, the Environmental Protection Agency (EPA) quietly issued a Q&A document concerning the vacatur of the 2020 Section 401 Certification Rule (2020 Rule). The Q&A confirms EPA’s view that the 1971...more

Holland & Knight LLP

Energy Commission Proposes Water Quality Certification Practices for Pipelines, Natural Gas Projects

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On Oct. 19, 2020, the Federal Energy Regulatory Commission (FERC) filed a Notice of Proposed Rulemaking in the Federal Register to start the 30-day comment period on its draft rule, which was published on the FERC website on...more

Troutman Pepper

FERC Proposes to Modify Water Quality Certification Waiver Period for Natural Gas Projects

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On September 9, 2020, FERC issued a Notice of Proposed Rulemaking (“NOPR”) proposing updated regulations that will establish a one-year period for state agencies or other certifying authorities (“Certifying Agencies”) to act...more

Benesch

U.S. EPA Rule Seeks to Curtail State Discretion Under the Clean Water Act to Block Pipelines and Other Infrastructure Projects

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On June 1, 2020, the U.S. Environmental Protection Agency finalized a regulation intended to reduce the ability of individual states, Native American tribes or interstate regulatory agencies to veto federal permits for...more

Beveridge & Diamond PC

EPA Tackles Controversial Clean Water Act Certification Requirements

The U.S. Environmental Protection Agency (EPA) published a final rule to interpret the requirements for water quality certification under section 401 of the Clean Water Act. This Section grants states and approved tribes the...more

WilmerHale

EPA Limits State and Tribal Authority Under Section 401 of the Clean Water Act

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On June 1, 2020, the US Environmental Protection Agency (“EPA”) announced a final rule narrowing the ability of states and Indian tribes to formally object to federally permitted projects based on state water quality...more

BCLP

TSCA Fees Rule: Your Company May Owe EPA Money

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EPA recently designated more than 20 chemicals as “high priority” chemicals warranting further risk assessments. These include chemicals frequently found in plastics, building materials, cleaners, and flame retardants....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Section 401/Clean Water Act: New England Interstate Water Pollution Control Commission Comments on U.S. Environmental Protection...

The New England Interstate Water Pollution Control Commission (“NEIWPCC”) submitted comments on the United States Environmental Protection Agency (“EPA”) proposed rule titled: Updating Regulations on Water Quality...more

Williams Mullen

EPA Answers Trump’s Call for Less State Authority Under the Clean Water Act

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EPA recently published a proposed federal rule (“Proposed Rule”) aimed at limiting the authority of states to deny certifications of compliance with state water quality requirements under Section 401 of the Clean Water Act...more

Perkins Coie

EPA Proposes to Narrow Water Quality Certification Authority Under the Clean Water Act

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The Environmental Protection Agency issued a 163-page proposed rule on August 9, 2019, to clarify the substantive and procedural requirements for water quality certifications under Section 401 of the Clean Water Act....more

Steptoe & Johnson PLLC

EPA Proposes Changes to The Section 401 Water Quality Certification Process

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Consistent with the President’s focus on streamlining the permitting process and jumpstarting energy infrastructure projects as outlined in his Executive Order 13868, the USEPA published new rules related to the state’s role...more

Beveridge & Diamond PC

EPA Proposed Regulations Aim to Further Clarify CWA Section 401 Certification Reviews

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On August 8, 2019, the U.S. Environmental Protection Agency (EPA) published a proposed rule to revise its regulations (40 C.F.R. Part 121) implementing Section 401 of the Clean Water Act (CWA), 33 U.S.C. § 1341. The proposed...more

Dorsey & Whitney LLP

EPA Proposes to Update Clean Water Act Section 401 Regulations

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On August 9, 2019, the Environmental Protection Agency (EPA) proposed to update its regulations implementing Section 401 of the Clean Water Act (CWA).  Section 401 allow state and tribal regulators to “veto” a federal permit...more

Stoel Rives LLP

EPA's New Section 401 Guidance: Will It Limit States' Authority or Just Make Them Mad?

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Frustrated by some states’ use of their Clean Water Act (CWA) section 401 authority to oppose or delay energy projects—particularly the transportation of fossil fuels—the Trump Administration last Friday issued the second...more

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