On June 1, 2020, the US Environmental Protection Agency (“EPA”) announced a final rule narrowing the ability of states and Indian tribes to formally object to federally permitted projects based on state water quality standards. Under Section 401 of the Clean Water Act, states—and authorized tribes—are given the opportunity to review certain proposed projects requiring federal permits to determine whether those projects will comply with applicable water quality standards. States had been increasingly using the so-called Section 401 certification process to block or significantly delay certain development projects. EPA’s new rule will make it more difficult for states and authorized tribes to deny or condition Section 401 certifications.
Recent News & Legal Updates
- EPA Exploring Chemical Fee Options For Businesses Impacted By COVID-19
- Pollution Exclusion Should Not Preclude Coverage For Virus-related Claims
- California Court Of Appeal Provides Clarity On What Triggers Supplemental Analysis Under California Environmental Quality Act
- EPA Limits State And Tribal Authority Under Section 401 Of The Clean Water Act 10 June 2020
- EPA May Again Update Enforcement And Cleanup Policies In Light Of New COVID-19 Executive Order
- US EPA’s COVID-19 Interim Guidance On Site Field Work Decisions