State certification, §401

An Ohio appellate court held that the state environmental review board erred in affirming portions of Ohio EPA's CWA §401 water quality certification that prohibited a coal mining company…

A Minnesota appellate court held that the state environmental agency did not err in certifying under CWA §401 EPA's proposed NPDES vessel general permit, which allows shipping vessels in Lake…

South Carolina's highest court held that the state's environmental agency violated state law when it negotiated an agreement with the U.S. Army Corps of Engineers and the Georgia Ports…

The Third Circuit held that a U.S. Army Corps of Engineers complied with NEPA, the CWA, and the CZMA in its decision to deepen the main channel of the Delaware River by five feet. The Corps'…

The D.C. Circuit denied trade associations' petition for review of a nationwide permit issued by EPA for the discharge of pollutants incidental to the normal operation of vessels. The…

The D.C. Circuit denied a power company's petition for review of a FERC order that North Carolina did not waive its CWA certification authority necessary for the relicensing of the company…

The Ninth Circuit held that BLM and the U.S. Forest Service did not violate the CWA, NEPA, or the National Forest Management Act (NFMA) in approving a proposed mine expansion project in the…