Certification Rule News Today

The applicant, Dominion Energy Virginia, proposes to construct a 2,587-megawatt (MW) offshore wind project, known as the Coastal Virginia Offshore Wind (CVOW) Commercial Project, located within the Atlantic Ocean off the coast of Virginia, which will include associated infrastructure within the cities of Virginia Beach and Chesapeake, Virginia.

The Endangered Species Act (ESA) regulations promulgated by the Trump administration (Trump ESA Rules) were challenged by environmental groups. While that challenge was pending, the...

On June 1, the Environmental Protection Agency (EPA) released a pre-publication version of its proposal to re-write the Clean Water Act Section 401…

On June 1, the Environmental Protection Agency (EPA) released a pre-publication version of its proposal to re-write the Clean Water Act Section 401 rule (Certification Proposal), which,...

Today, in a 5-4 decision, the Supreme Court re-instated the U.S. Environmental Protection Agency’s (EPA’s) 2020 Clean Water Act (CWA) section 401 rule (Certification Rule). The Court...

On October 21, the U.S. District Court for the Northern District of California vacated and remanded the U.S. Environmental Protection Agency’s (EPA) 2020 Clean Water Act Section 401...

On October 21, the U.S. District Court for the Northern District of California vacated and remanded the U.S. Environmental Protection Agency’s (EPA)…

Changes to the Migratory Bird Treaty Act Enforcement Regime Take Flight; Department of Energy Report Examines the U.S. Hydropower Permitting Process; U.S. District Court for the Northern District of California Vacates EPA’s Clean Water Act Section 401 Certification Rule

The CA District Court’s decision to vacate the 2020 Certification Rule over EPA’s opposition, and without having conducted a complete review of the Rule on its merits, may be grounds for challenge. 

Environmental Protection Agency PHILADELPHIA – A federal judge has denied an attempt from the Environmental Protection Agency to dismiss a lawsuit brought by the Delaware Riverkeeper Network, over the implementation of a specific tenet of the Clean Water Act. On June 1, the EPA issued a Final Rule which largely changed its regulations in implementing Section 401 of the Clean Water Act, also published in the Federal Register on July 13. Section 401 of the Clean Water A...