State certification, §401

The Fourth Circuit vacated the West Virginia Department of Environmental Protection's CWA §401 certification for a proposed pipeline that would transport natural gas from West Virginia to…

The Fourth Circuit denied a petition to review the Virginia Department of Environmental Quality's (DEQ's) and the State Water Control Board's approval of a state water permit for a…

The Ninth Circuit reversed a district court's order granting voluntary remand and vacating EPA's 2020 CWA Section 401 Certification Rule. States, environmental groups, and tribes…

The D.C. Circuit vacated a license issued by FERC for operation of a hydroelectric dam on the Susquehanna River in Maryland. The state of Maryland issued a CWA §401(a)(1) certification to the dam…

The Ninth Circuit vacated FERC orders that held the California Water Resources Control Board had waived its authority to ensure certain hydroelectric projects complied with state water quality…

The D.C. Circuit upheld FERC's approval of a dam operator's flood protection plan for a nearby water pump station in North Carolina. A city petitioned for review of FERC's approval…

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.…