State certification, §401

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…

The D.C. Circuit vacated a FERC decision concerning a licensee's decommissioning plan with reviewing states for hydroelectric dams along the Klamath River. A Native American tribe challenged…

The Fourth Circuit vacated the U.S. Army Corps of Engineers' verification that construction of a natural gas pipeline could proceed in West Virginia under the terms and conditions of CWA…