State certification, §401

The U.S. Supreme Court, 5-4, granted states' and industry groups' application for an emergency stay of a district court ruling that had vacated the 2020 Clean Water Act 401 Certification…

A district court denied states' and industry groups' motion to stay an order vacating and remanding EPA's 2020 Clean Water Act Section 401 Certification Rule, which had limited the…

A district court vacated and remanded EPA's 2020 Clean Water Act Section 401 Certification Rule, which limited the ability of states and Native American tribes to regulate water pollution.…

A Minnesota appellate court affirmed the Minnesota Pollution Control Agency's (MPCA's) decision to issue a CWA §401 certification for the Line 3 crude oil pipeline replacement project.…

A district court granted EPA's motion to remand without vacatur the Clean Water Act Section 401 Certification Rule., full_html...

The Second Circuit denied a petition to review two FERC orders that determined the New York State Department of Environmental Conservation (NYDEC) had waived its authority under §401 of the CWA to…

The Fourth Circuit granted a pipeline company's petition to review the North Carolina Department of Environmental Quality's (NCDEQ's) denial of a CWA §401 certification for…

A district court stayed a constitutional challenge to the Washington Department of Ecology's decision to deny a coal company a CWA §401 certification for construction of a coal export…

A district court granted Washington's and environmental groups' motion for summary judgment in a challenge to the state's decision to deny a coal company a CWA §401 certification…

The Second Circuit vacated a decision by the New York State Department of Environmental Conservation denying a state water quality certification for construction of a natural gas pipeline through…