News & Analysis as of July 24, 2025

Environmental Protection Agency (EPA)

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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 -

Section 401/Clean Water Act: U.S. Environmental Protection Agency Issues Memorandum Addressing Scope of the Certification Process

Mitchell, Williams, Selig, Gates & Woodyard,... on 5/29/2025

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

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

Mitchell, Williams, Selig, Gates & Woodyard,... on 12/13/2023

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

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...

Mintz on 9/19/2023

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

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

Mitchell, Williams, Selig, Gates & Woodyard,... on 9/19/2023

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

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

Troutman Pepper Locke on 7/28/2023

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

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

Mintz on 2/23/2023

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

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

Schwabe, Williamson & Wyatt PC on 7/21/2022

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

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

Lippes Mathias LLP on 6/23/2022

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

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

Mitchell, Williams, Selig, Gates & Woodyard,... on 12/29/2021

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

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

Mitchell, Williams, Selig, Gates & Woodyard,... on 12/8/2021

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

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

Foley Hoag LLP - Environmental Law on 10/28/2021

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

California Environmental Law & Policy Update - July 2020 #3

Allen Matkins on 7/17/2020

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

EPA Issues Final Rule Revising CWA Section 401 Regulation

Holland & Hart LLP on 6/9/2020

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

EPA Limits State Authority in New 401 Certification Final Rule

Maynard Nexsen on 6/9/2020

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

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

Best Best & Krieger LLP on 6/8/2020

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

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

Perkins Coie on 6/4/2020

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

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

Mitchell, Williams, Selig, Gates & Woodyard,... on 6/4/2020

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

EPA Issues Proposed Rule Updating Regulations on CWA Water Quality Certifications

Pierce Atwood LLP on 8/13/2019

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

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

Akin Gump Strauss Hauer & Feld LLP on 6/20/2019

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

New EPA Section 401 Guidance Clarifies Timelines for and Scope of Certification Reviews

Beveridge & Diamond PC on 6/19/2019

On June 7, 2019, the U.S. Environmental Protection Agency (EPA) issued nonbinding guidance clarifying and providing recommendations regarding the implementation of Section 401 of the Clean Water Act, 33 U.S.C. § 1341. Most...more

Spring Cleaning: Trump Administration Announces Further Changes to Clean Water Act Regulation

Holland & Hart LLP on 4/25/2019

On April 10, 2019, President Trump issued a pair of Executive Orders aimed at streamlining Clean Water Act permitting of the nation’s energy infrastructure. The Executive Order on Promoting Energy Infrastructure and Economic...more

Coal Exports: The Trump Administration and Western States Take Action to Open Ports for Shipment of Coal

Snell & Wilmer on 4/17/2019

On April 10, 2019, President Donald Trump signed an Executive Order seeking to address permitting and policy obstacles preventing the export of coal and other energy resources through West Coast ports. New port facilities and...more

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