The National Rural Electric Cooperative Association and American Public Power Association (collectively, “NRECA”) submitted February 17th joint comments to the United States Environmental Protection Agency (“EPA”) on the...more
The Arkansas, Louisiana, Mississippi, and Wyoming Attorneys General (collectively, “AG”) submitted February 17th comments to the United States Environmental Protection Agency (“EPA”) on the federal agency’s proposed rule...more
The Association of Clean Water Administrators (“ACWA”) submitted February 17th comments to the United States Environmental Protection Agency (“EPA”) on the agency’s proposed rule addressing the certification process under...more
On January 8, 2026, the U.S. Army Corps of Engineers (“USACE”) reissued 56 existing nationwide permits (“NWPs”) with minor alterations along with one new NWP. NWPs are general permits that allow for work within federally...more
For the last decade, the New York State Department of Conservation (DEC) has been trying to usurp the power of the Federal Energy Regulatory Commission (FERC) by withholding the granting of state certifications that are...more
On 13 January 2026, the US Environmental Protection Agency (EPA) proposed a new Clean Water Act (CWA) Section 401 Water Quality Certification Rule (the Proposed Rule) that would narrow state and tribal authority to review and...more
The Supreme Court of South Carolina (“SCT”) addressed in a January 28th Opinion an issue arising out of Section 401 of the Clean Water Act. See Blue Ridge Environmental Defense League v. South Carolina Department of...more
Key Takeaways - On January 15, the U.S. Environmental Protection Agency (EPA) announced a Proposed Rule to revise its Clean Water Act (CWA) Section 401 water quality certification regulations....more
On January 15, 2026, the U.S. Environmental Protection Agency (“EPA”) published a proposed rule to revise its regulations governing the water quality certifications that states may issue under Section 401 of the Clean Water...more
On January 15, 2026, the U.S. Environmental Protection Agency (EPA) published a proposed rule titled “Updating the Water Quality Certification Regulations” (Proposed Rule). This rule implements changes to the Clean Water...more
On January 15, 2026, the Environmental Protection Agency (EPA) published the long-awaited proposed rule Updating the Water Quality Certification Regulations (Proposed Rule), which, if adopted, would largely reinstate the...more
The United States Environmental Protection Agency (“EPA”) announced on January 13th a proposed rule addressing the certification process under Section 401 of the Clean Water Act....more
On December 11, 2025, the U.S. House of Representatives passed a bill that would make substantial reforms across multiple aspects of the Clean Water Act (CWA). Titled the ‘‘Promoting Efficient Review for Modern Infrastructure...more
Ten members of Congress representing New York districts have petitioned Gov. Kathy Hochul to withhold the state's water quality certification needed for a natural gas pipeline in New York waters. ...more
The US administration recently published its Spring 2025 Unified Agenda of Regulatory and Deregulatory Actions, providing an overview of the federal regulatory priorities over the next several months. The agenda reflects the...more
The trade association Energy Marketers of America (“EMA”) (formerly, Petroleum Association of America) submitted August 6 comments to the United States Environmental Protection Agency (“EPA”) addressing: Establishment of...more
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
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
At its May 23, 2024 open meeting, the Federal Energy Regulatory Commission (“FERC”) issued a Notice of Proposed Rulemaking (“NOPR”) proposing to establish a one-year “reasonable period of time” for certifying authorities to...more
At its May 23 open meeting, the Federal Energy Regulatory Commission (FERC) issued a Notice of Proposed Rulemaking (NOPR), proposing to establish a one-year “reasonable period of time” for certifying authorities to act on...more
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
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
On September 27, 2023, the United States Environmental Protection Agency (USEPA) published its final 2023 Clean Water Act (“CWA”) Section 401 Water Quality Certification Improvement Rule (2023 Rule), which goes into effect on...more
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
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