News & Analysis as of

Certification Requirements Section 401 Water Quality

Troutman Pepper Locke

To Waive or Not to Waive? That Is the 401 Question

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The U.S. Court of Appeals for the D.C. Circuit on May 16, 2025, clarified the conditions under which a state waives its Clean Water Act (CWA) Section 401 water quality certification (WQC) authority. In Village of Morrisville...more

Troutman Pepper Locke

FERC Issues Final Rule on Clean Water Act Section 401 Water Quality Certification Requirements

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On November 21, 2024, the Federal Energy Regulatory Commission (“FERC”) issued a final rule establishing a categorical one-year “reasonable period of time” for certifying authorities to act on requests for water quality...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

Troutman Pepper Locke

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

Troutman Pepper Locke

SCOTUS Stays District Court Remand of ‎Trump EPA State Water ‎Quality Certification ‎Rules, Raises ‎Stakes for Upcoming EPA...

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On April 6, 2022, the Supreme Court stayed an October 21, 2021 Northern District of California Court ruling that vacated and remanded EPA’s 2020 revisions to the processes for states to certify water quality impacts from...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 Locke

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

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

Section 401 Water Quality Certification Waiver/Hydroelectric Relicensing: Federal Energy Regulatory Commission Addresses Southern...

The Federal Energy Regulatory Commission (“FERC”) issued a February 20th document titled: Declaratory Order on Waiver of Water Quality Certification (“Order”)...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

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

Akin Gump Strauss Hauer & Feld LLP

EPA to States: Don’t Rock the Boat with Water Quality Certification Review

On June 7, 2019, the U.S. Environmental Protection Agency (EPA) issued updated guidance to “clarify and provide recommendations concerning the implementation of” Section 401 of the Clean Water Act (CWA), which could have...more

Holland & Knight LLP

Why EPA’s Clean Water Act Section 401 Guidance Will Have No Practical Impact on Pipeline Projects

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The U.S. Environmental Protection Agency (EPA) recently announced the rollout of its new Clean Water Act Section 401 Guidance for Federal Agencies, States and Authorized Tribes which replaces an April 2010 Interim Guidance...more

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