9th Circuit Ruling Bolsters Courts’ Support For States’ 401 Decisions

A new ruling from the U.S. Court of Appeals for the 9th Circuit joins recent decisions from other courts in limiting the application of a landmark ruling curbing state water quality reviews under Clean Water Act (CWA) section 401, finding it takes more than routine informational emails to demonstrate a “coordinated scheme” to delay the review deadline. A unanimous three-judge panel ruled Aug. 4 in the consolidated case California State Water Resources Control Board (WRCB) v. Federal Energy Regulatory Commission...