News & Analysis as of

Environmental Protection Agency (EPA) Section 401 Permits

Mitchell, Williams, Selig, Gates & Woodyard,...

Section 401/Clean Water Act: Energy Marketers of America (formerly PAA) EPA Requests for Comments Addressing Implementation

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

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

Woods Rogers on

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

Perkins Coie on

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

Mitchell, Williams, Selig, Gates & Woodyard,...

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

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

Morgan Lewis on

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

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

Mitchell, Williams, Selig, Gates & Woodyard,...

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

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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