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Clean Water Act › Section 401 › Permits

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: Energy Marketers of America (formerly PAA) EPA Requests for Comments Addressing Implementation

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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

Woods Rogers

Update – Army Corps Resumes Permit Actions

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On November 9, we reported that the U.S. Army Corps of Engineers (“Army Corps”) had paused action on certain permits that relied on the Trump Administration’s Clean Water Act (“CWA”) Sec. 401 Certification Rule (“2020 Rule”)...more

Woods Rogers

Legal Alert – U.S. Army Corps Pauses Permit Decisions

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Permit applicants who have pending applications with the U.S. Army Corps of Engineers (“Army Corps”) may have received word in the last two weeks that the Army Corps has paused finalization of any permit decisions that relied...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

Morgan Lewis

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

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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

Davis Wright Tremaine LLP

Supremes Let Hoopa Stand, Leave Door Open for EPA to Reshape CWA 401

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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

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Clean Water Act Section 401: U.S. Environmental Protection Issues Guidance for Federal Agencies, States and Authorized Tribes

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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

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Implementation of Clean Water Act Section 401/Water Quality Certification Improvement Act of 2018: August 16th U.S. Senate...

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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

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Section 401/Clean Water Act: Association of Clean Water Administrators' June 15th Letter to U.S. Army Corps of Engineers

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The Association of Clean Water Administrators (“ACWA”) sent a June 15th letter to Mr. James C. Dalton, P.E., Director of Civil Works of the United States Army Corps of Engineers (“Corps”) addressing the state’s use of Section...more

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Section 401 Water Quality Certification/Clean Water Act: Federal Energy Regulatory Commission Rejects Pipeline's Waiver Argument

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The Federal Energy Regulatory Commission (“FERC”) issued an Order on Petition for Declaratory Order (“Order”) addressing Constitution Pipeline Company, LLC’s (“Constitution”) January 11th Petition for Declaratory Order...more

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Interstate Pipeline Project: Federal Appellate Court Addresses Challenge to State Water Quality Certification

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The United States Court of Appeals for the 3rd Circuit (“Court”) addressed a challenge to a permit issued by the Pennsylvania Department of Environmental Protection (“DEP”) related to the proposed construction of an...more

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