News & Analysis as of September 25, 2024

Section 401

+ Follow

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term. The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -

Now a Federal Judge in Louisiana will determine the validity of EPA's interpretation of Section 401 of the Clean Water Act

Mintz on 12/7/2023

When EPA published its most recent rule specifying the role of States and Tribes in the Federal permitting of discharges into Waters of the United States, I predicted it was only a matter of time before we'd see another...more

EPA Proposes A Section 401 “Improvement Rule” — Now That’s a Low Bar

Foley Hoag LLP - Environmental Law on 6/7/2022

Last week, EPA released its proposed “Clean Water Act Section 401 Water Quality Certification Improvement Rule”. The proposed rule would make a number of significant changes to the rule promulgated by EPA in 2020....more

Here Today, Gone Tomorrow? Supreme Court Uses Emergency Docket to Weigh-in on Section 401 Program

Brownstein Hyatt Farber Schreck on 4/18/2022

Entities seeking federal authorization for infrastructure projects that may impact waters of the United States must obtain a Section 401 certification under the Trump administration’s narrowed Section 401 certification...more

What Does the Supreme Court’s Ruling on Section 401 Mean for Residential and Commercial Developers?

Kohrman Jackson & Krantz LLP on 4/14/2022

THE CLEAN WATER ACT AND SECTION 401 - In 1948, Congress passed the Federal Water Pollution Control Act (FWPCA) as the first rendition of a law intended to address growing pollution of American waters. By 1972, increased...more

Supreme Court Wades Into Troubled Waters, Brings Trump Administration State Water Quality Certification Rule Back to Life

Beveridge & Diamond PC on 4/13/2022

The U.S. Supreme Court on April 6, 2022, issued an emergency order reinstating the Trump Administration’s rule governing Section 401 of the Clean Water Act. The rule imposes limits on the timing and scope of a State or...more

SCOTUS Temporarily Resurrects Trump-ERA Clean Water Act Rule

Robinson+Cole Environmental Law + on 4/12/2022

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

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

Locke Lord LLP on 4/7/2022

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

Supreme Court Leaves in Place Ruling Restricting States Clean Water Act Permitting Authority

Morgan Lewis on 12/12/2019

The US Supreme Court declined to review an appeals court decision holding that the one-year clock for states to issue a certification under Section 401 of the Clean Water Act for a federal permit does not reset if...more

Currents - Energy Industry Insights - September 2017#2

Spilman Thomas & Battle, PLLC on 9/16/2017

- U.S. High Court Asked to Review WV Justice's Role in Gas Royalties Case - "The U.S. Supreme Court is being asked to review West Virginia Supreme Court Justice Beth Walker's participation in a high-stakes natural gas...more

9 Results

View per page

Page: of 1

Supreme Court of the United States › Clean Water Act › Section 401

"My best business intelligence, in one easy email…"