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Infrastructure › Environmental Protection Agency (EPA) › Section 401

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

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

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

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

Troutman Pepper Locke

FERC Issues Notice of Proposed Rulemaking to Conform to EPA’s Recent CWA § 401 Rule

Troutman Pepper Locke on

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

Troutman Pepper Locke

FERC Issues Notice of Proposed Rulemaking to Conform to EPA’s Recent CWA 401 Rule

Troutman Pepper Locke on

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

K&L Gates LLP

EPA Proposes New Rules Governing Section 401 Water Quality Certification

K&L Gates LLP on

On 9 June 2022, the U.S. Environmental Protection Agency (EPA) published in the federal register a proposed rule regarding the Clean Water Act (CWA) Section 401 water quality certification process (the Proposed Rule), undoing...more

Brownstein Hyatt Farber Schreck

Here Today, Gone Tomorrow? Supreme Court Uses Emergency Docket to Weigh-in on Section 401 Program

Brownstein Hyatt Farber Schreck on

Entities seeking federal authorization for infrastructure projects that may impact waters of the United States must obtain a Section 401 certification under the Trump administration’s narrowed Section 401 certification...more

Robinson+Cole Environmental Law +

SCOTUS Temporarily Resurrects Trump-ERA Clean Water Act Rule

Robinson+Cole Environmental Law + on

On April 6, 2022, by a 5-4 vote in the case of Louisiana, et. al. v. American Rivers, et. al., the Supreme Court temporarily resurrected a Trump-era rule that sought to stop the practice of many states and tribes from...more

BakerHostetler

The Section 401 Water Quality Certification Program and Its Impacts on Energy and Infrastructure Projects

BakerHostetler on

Section 401 of the Clean Water Act (CWA) requires applicants for federally permitted projects “that may result in any discharge into the navigable waters” of the United States to seek water quality certifications from the...more

Benesch

U.S. EPA Rule Seeks to Curtail State Discretion Under the Clean Water Act to Block Pipelines and Other Infrastructure Projects

Benesch on

On June 1, 2020, the U.S. Environmental Protection Agency finalized a regulation intended to reduce the ability of individual states, Native American tribes or interstate regulatory agencies to veto federal permits for...more

Beveridge & Diamond PC

Executive Orders Aim to Streamline Energy Infrastructure Projects 

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On April 10, 2019, President Trump signed two executive orders intended to address a range of legal and procedural hurdles commonly facing infrastructure projects, particularly in the energy sector. Most notably, the...more

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