Appellate Court Backs States' 'Broad' Discretion In Setting CWA 401 Criteria

A federal appellate court has upheld Virginia's Clean Water Act (CWA) section 401 certification approving a federally permitted natural gas pipeline and emphasized states' “broad discretion when developing the criteria” for such certifications, a ruling that could undermine efforts by GOP policymakers to limit states' discretion. Echoing its rationale in a different pipeline case last year, the U.S. Court of Appeals for the 4th Circuit, in a unanimous Jan. 14 ruling , backed Virginia's approval of federal permits for the...