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Navigable Waters Federal Energy Regulatory Commission Appeals

Troutman Pepper Locke

To Waive or Not to Waive? That Is the 401 Question

Troutman Pepper Locke on

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

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

Section 401/Clean Water Act: Federal Appellate Court Addresses Federal Energy Regulatory Commission Licensing Issue

The United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) addressed in a December 20th Opinion an issue involving the Federal Energy Regulatory Commission (“FERC”) licensing process. See...more

Stoel Rives LLP

DC Circuit Strictly Construes One-Year Deadline for State Waivers of Water Quality Certifications

Stoel Rives LLP on

On January 25, 2019, in Hoopa Valley Tribe v. Federal Energy Regulatory Commission, No. 14-1271, 2019 WL 321025 (D.C. Cir. Jan. 25, 2019), the U.S. Court of Appeals for the D.C. Circuit ruled that the...more

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