Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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The United States Senate Committee on Environment and Public Works (“Committee”) held a legislative hearing entitled:

Hearing to Examine Implementation of Clean Water Act Section 402 in S.3303, the Water Quality Certification Improvement Act of 2018.

Section 401 of the Clean Water Act prohibits federal agencies from issuing permits or licenses that result in exceedances of water quality standards, or other applicable authorities, of the state.

This provision of the Clean Water Act requires an applicant for a federal license or permit to provide a certification that any discharges from the facility will comply with applicable state water quality standards. If not provided, the federal permit or license may not be granted. Further, states can impose certain conditions upon federal permits or licenses as a prerequisite to granting the permit or license.

Witnesses at the August 16th hearing included:

  • C.J. Stewart, Board Director, National Tribal Energy Association
  • Brent Booker, Secretary-Treasurer, North American’s Building Trades Unions
  • Anthony Willardson, Executive Director of Western States Water Council

The witnesses’ prepared testimony can be downloaded here.