2nd Circuit Backs One-Year Deadline For States’ CWA Section 401 Reviews

March 23, 2021
The U.S Court of Appeals for the 2nd Circuit has sided with the Federal Energy Regulatory Commission (FERC) in finding the Clean Water Act (CWA) has a firm one-year deadline for states to determine whether federally approved projects will violate water quality standards, citing the legislative history and similar rulings from other courts. The unanimous March 23 ruling from a three-judge panel of the court in New York State Department of Environmental Conservation (DEC) and Sierra Club v. FERC...

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