Section 401 News Today

Federal lawsuit filed in Louisiana argues that agency water certification rule that restores state authority to determine project water effects is too broad. 

EPA seemed to respond to some, but not all, concerns raised by construction industry leaders around changes to its Clean Water Act Section 401 rule.

Ninth Circuit issued the latest in a series of opinions involving the Trump Administration’s rule interpreting Section 401 of Clean Water Act CWA. Section 401 requires any project needing a federal permit that may result in a discharge of pollutants into state waters.

Environmental Protection Agency published in the federal register a proposed rule regarding the Clean Water Act Section 401 water quality certification process. Rule seeks to return regulatory authority to states and tribes in manner aligned with the agency’s Section 401.

The Biden administration has proposed a new rule that would give states more power to oppose energy projects and other infrastructure through control of water quality permits, rolling back a Trump-era regulation that made it harder for such projects to be blocked.

In a 5-4 decision, the Supreme Court of the United States (SCOTUS) vacated a district court's decision to ...

Governor Mark Gordon has issued a statement in support of a ruling by the U.S. Supreme Court that keeps in places changes made by the Trump Administration to the Clean Water Act.