H.R. 4044
which would amend the FWPCA to reauthorize the National Estuary Program, was signed by President Trump on January 13, 2021.
which would amend the FWPCA to reauthorize the National Estuary Program, was signed by President Trump on January 13, 2021.
which would amend the FWPCA to reauthorize the Great Lakes Restoration Initiative, was signed by President Trump on January 5, 2021.
which would amend the FWPCA to reauthorize the National Estuary Program, was passed by the Senate.
which would amend the FWPCA to reauthorize the Great Lakes Restoration Initiative, was passed by the Senate.
would encourage the administrator of EPA to maintain and strengthen requirements under the CWA and reverse ongoing administrative actions to weaken the Act and protections for waters of the United States.
would amend the FWPCA to reauthorize certain water pollution control programs.
would amend the FWPCA to clarify certain activities that would have been authorized under Nationwide Permit 12 and other nationwide permits.
Section 401 certification and permit conditioning under the Clean Water Act is one of the most significant tools for states to influence federally permitted activities involving discharges into navigable waters. However, states are required to set conditions within one year or they forgo their ability to do so. In practice, the one-year review is difficult for states to meet and led to a common practice known as “withdraw and resubmit” in which states could reset the clock. But in Hoopa Valley Tribe v. Federal Energy Regulatory Comm’n, the D.C. Circuit unanimously struck down this practice. Because the U.S. Supreme Court denied review, states now have one calendar year to issue their water quality certifications and decide if any conditions should be included. On March 17, 2020, the Environmental Law Institute hosted an expert panel that explored the ramifications of the Hoopa decision on states and §401 permit applicants. Below, we present a transcript of the discussion, which has been edited for style, clarity, and space considerations.