Clean Water Act (CWA)
H.R. 4044
Update Type
Public Law Number
Pub. L. No. 116-337
Issue
3
Volume
51
Update Issue
3
Update Volume
51
Congress Number
117
Congressional Record Number
167 Cong. Rec. D42

which would amend the FWPCA to reauthorize the National Estuary Program, was signed by President Trump on January 13, 2021.

H.R. 4031
Update Type
Public Law Number
Pub. L. No. 116-294
Issue
3
Volume
51
Update Issue
3
Update Volume
51
Congress Number
117
Congressional Record Number
167 Cong. Rec. D41

which would amend the FWPCA to reauthorize the Great Lakes Restoration Initiative, was signed by President Trump on January 5, 2021.

H.R. 4044
Update Type
Issue
2
Volume
51
Update Issue
1
Update Volume
51
Congress Number
116
Congressional Record Number
166 Cong. Rec. S7993

which would amend the FWPCA to reauthorize the National Estuary Program, was passed by the Senate.

H.R. 4031
Update Type
Issue
2
Volume
51
Update Issue
1
Update Volume
51
Congress Number
116
Congressional Record Number
166 Cong. Rec. S7864

which would amend the FWPCA to reauthorize the Great Lakes Restoration Initiative,  was passed by the Senate.

S. Res. 714
Update Type
Committee Name
Committee on Environment and Public Works
Sponsor Name
Duckworth
Sponsor Party Affiliation
D-Ill.
Issue
11
Volume
50
Update Issue
28
Update Volume
50
Congress Number
116
Congressional Record Number
166 Cong. Rec. S5833

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.

H.R. 1497
Update Type
Committee Name
Committee on Transportation and Infrastructure
Committee Report
H. Rep. No. 116-484
Issue
11
Volume
50
Update Issue
27
Update Volume
50
Congress Number
116
Congressional Record Number
166 Cong. Rec. H4324

would amend the FWPCA to reauthorize certain water pollution control programs.

S. 4402
Update Type
Committee Name
Committee on Environment and Public Works
Sponsor Name
Cornyn
Sponsor Party Affiliation
R-Tex.
Issue
10
Volume
50
Update Issue
24
Update Volume
50
Congress Number
116
Congressional Record Number
166 Cong. Rec. S4668

would amend the FWPCA to clarify certain activities that would have been authorized under Nationwide Permit 12 and other nationwide permits.

Jumping Through Hoopa: Complicating the Clean Water Act for the States
Author
James M. McElfish, Rick Glick, and Sharon White
Author Bios (long)

James M. McElfish (moderator) is Director of the Sustainable Use of Land Program and Senior Attorney at the Environmental Law Institute. Rick Glick is a Partner at Davis Wright Tremaine LLP. Sharon White is Of Counsel at Van Ness Feldman LLP.

Date
June 2020
Volume
50
Issue
6
Page
10441
Type
Dialogue
Summary

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.