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
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
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
In the ever-shifting landscape of the Clean Water Act and Porter-Cologne jurisdiction, it can be difficult to determine whether you are engaging in activities that result in discharges of dredge, fill or pollutants to a Water...more
On December 9, the Supreme Court denied certiorari to review the D.C. Circuit Court of Appeals ruling in Hoopa Valley Tribe v. FERC. As reported in this space, in January the D.C. Circuit roundly rejected the common practice...more
The United States Environmental Protection Agency (“EPA”) issued a June 7th guidance document titled: Clean Water Act Section 401 Guidance for Federal Agencies, States and Authorized Tribes (“Guidance”)...more
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...more