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Clean Water Act › Certifications

The Clean Water Act is a United States federal statute enacted in 1972 to reduce levels of toxic substances in the nation's water supply and to prevent high levels of new contamination.  The CWA seeks to... more +
The Clean Water Act is a United States federal statute enacted in 1972 to reduce levels of toxic substances in the nation's water supply and to prevent high levels of new contamination.  The CWA seeks to accomplish its stated goals by preventing point and nonpoint pollution sources, assisting wastewater treatment facilities and maintaining wetlands. less -
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Section 401/Clean Water Act: U.S. Environmental Protection Agency Issues Memorandum Addressing Scope of the Certification Process

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The United States Environmental Protection Agency (“EPA”) issued a May 21st memorandum titled” Clarification regarding the Application of Clean Water Act Section 401 Certification (“Memorandum”)....more

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Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and City of Strong Enter...

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The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and City of Strong, Arkansas entered into a July 18th Consent Administrative Order (“CAO”) addressing alleged violations of the...more

Troutman Pepper Locke

D.C. Circuit upholds FERC orders granting natural gas pipeline companies’ requests to extend project deadlines.

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The United States Court of Appeals for the District of Columbia (“D.C. Circuit”) recently upheld two FERC orders granting natural gas pipeline developers’ requests to extend their construction deadlines. The D.C. Circuit...more

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Section 401/Clean Water Act: Arkansas Attorney General and 10 Other States Challenge U.S. Environmental Protection Agency...

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Arkansas Attorney General Tim Griffin and 10 other states filed in the United States District Court for the Western District of Louisiana (“Court”) a Complaint for Declaratory and Injunctive Relief (“Complaint”) against the...more

Mintz

A new battle is brewing in the war over the reach of the Federal Clean Water Act, this one over EPA's new Section 401 Water...

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EPA is publishing its final rule specifying the role of States and Tribes in the Federal licensing or permitting of activities that may result in a "discharge" into a "Water of the United States". Like EPA's recent tenth...more

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Section 401/Clean Water Act: U.S. Environmental Protection Agency Announces Final Rule Addressing Certification

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The United States Environmental Protection Agency (“EPA”) announced on September 14th a final rule that it denominates Clean Water Act Section 401 Water Quality Certification Improvement Rule (“Final Rule”)....more

Troutman Pepper Locke

Will EPA Apply the New 401 Certification Rule Retroactively to Pending Requests?

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A filing in a California federal court indicates that EPA is planning to apply its new Clean Water Act section 401 certification rule to all certification requests, including those that are currently pending and that were...more

Mintz

Surprise! A 9th Circuit Clean Water Act opinion that a member of the Supreme Court majority could have written!

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This week three Judges of the Ninth Circuit Court of Appeals agreed that a District Court Judge exceeded his authority in vacating an EPA regulation without first determining that the regulation was unlawful. The Trump...more

K&L Gates LLP

Hub Talks: Sustainable Outlook: Making Waves in Maritime Sustainability With Dr. Eleanor Kirtley of Green Marine

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In this episode of Sustainable Outlook, host Alyssa Moir is joined by Dr. Eleanor Kirtley, Senior Program Manager with maritime environmental certification program Green Marine. The two discuss the missions and impacts led by...more

Schwabe, Williamson & Wyatt PC

EPA’s Proposed Clean Water Act Section 401 Water Quality Certification Improvement Rule Could Cause Ripple Effects With Project...

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On June 1, 2022, the U.S. Environmental Protection Agency (EPA) issued a proposed rule that would modify its requirements for water quality certification under Clean Water Act (CWA) Section 401 (the “Proposed Rule”). The...more

Lippes Mathias LLP

EPA Proposes New Water Quality Certification Rule in Response to Trump Administration’s 2020 Regulatory Changes

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On June 1, 2022, the U.S. Environmental Protection Agency (“EPA”) released a Proposed Rule aimed at modifying the Clean Water Act (“CWA”) Section 401 Certification Process in response to regulatory changes made by the Trump...more

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Section 401 Water Quality Certification/Clean Water Act: U.S. Environmental Protection Agency Issues Questions and Answers...

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The United States Environmental Protection Agency (“EPA”) issued on December 17th a document titled: Clean Water Act Section 401 Water Quality Certification Questions and Answers on the 2020 Rule Vacatur (“Q&A”)...more

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Section 401/Clean Water Act: U.S. Senator Boozman (Arkansas) and Colleagues Introduce Legislation Addressing Water Quality...

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United States Senator John Boozman (Arkansas) and several of his colleagues from the Environment and Public Works Committee introduced legislation that would reinstate and codify the Trump administration’s 2020 Clean Water...more

Foley Hoag LLP - Environmental Law

The Trump 401 Certification Rule is Vacated — Does Anyone Actually Care If Section 401 Works?

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Late last week, Judge William Alsup vacated the Trump-era EPA amendments to the regulations governing water quality certifications under section 401 of the Clean Water Act.  EPA had requested remand, and made clear that it...more

Miller Starr Regalia

Must CEQA Compliance Precede Project Approval? When State Water Board Water Quality Certifications Are Involved, The Answer Is As...

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“The more I know, the less I understand/All the things I thought I’d figured out, I have to learn again” – Don Henley, “The Heart of the Matter” - One of CEQA’s bedrock principles is that environmental review must precede...more

Troutman Pepper Locke

FERC’s Clean Water Action Section 401 Waiver Analysis Continues to Evolve

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In 2019, the D.C. Circuit in Hoopa Valley Tribe v. FERC held that the plain language of Clean Water Act (CWA) Section 401 establishes a bright-line maximum period of one year for States to act on a request for water quality...more

Allen Matkins

California Environmental Law & Policy Update - July 2020 #3

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EPA limits states’ power to review projects that affect water quality - Bullet Courthouse News Service – July 13 - The U.S. Environmental Protection Agency (EPA) on Monday issued a new 401 Certification Rule under the...more

Holland & Hart LLP

EPA Issues Final Rule Revising CWA Section 401 Regulation

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On June 1, 2020, the U.S. Environmental Protection Agency (EPA) released a Final Rule revising its regulations implementing Section 401 of the Clean Water Act (CWA). Section 401 gives states and tribes the authority to...more

Maynard Nexsen

EPA Limits State Authority in New 401 Certification Final Rule

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EPA issued its Clean Water Act Section 401 Certification Final Rule on June 1, 2020 in an effort to comply with the directives of Executive Order 13868 promoting efficient permitting and timely agency actions. Section 401...more

Best Best & Krieger LLP

EPA Issues Final Rule to Narrow Scope and Timelines for State Water Quality Certifications

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EPA Issues Final Rule to Narrow Scope and Timelines for State Water Quality Certifications - The Environmental Protection Agency released it final “Clean Water Act Section 401 Certification Rule” this week, which limits...more

Perkins Coie

EPA Final Rule Narrows State and Tribal Review Under the Clean Water Act

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The U.S. Environmental Protection Agency issued a final rule on June 1, 2020, intended to limit the ability of states and tribes to block or delay projects requiring a water quality certification under Section 401 of the...more

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Section 401/Clean Water Act: U.S. Environmental Protection Agency Announces Final Rule Addressing Certification

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On June 1st the United States Environmental Protection Agency (“EPA”) announced issuance of a final rule that it denominates the: Clean Water Act Section 401 Certification Rule (“Rule”) EPA characterizes the Rule as...more

(ACOEL) | American College of Environmental...

When States Get Serious About Phasing Out Natural Gas

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A decision issued on May 15 by the New York Department of Environmental Conservation (DEC) denying approvals for a new natural gas pipeline is sending shivers through the energy industry. Though the decision was based...more

Pierce Atwood LLP

EPA Issues Proposed Rule Updating Regulations on CWA Water Quality Certifications

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On August 8, 2019, the U.S. Environmental Protection Agency (EPA) issued a proposed rule to update regulations implementing Section 401 of the Clean Water Act (CWA). The rule was proposed in response to President Trump’s...more

Akin Gump Strauss Hauer & Feld LLP

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

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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

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