EPA Aims To Clarify CWA 401 Rule Vacatur While Industry Pushes Appeal

December 21, 2021
EPA has quietly released guidance on the effects of a federal district court’s vacatur of the Trump-era Clean Water Act (CWA) water quality certification rule, clarifying that in general, the agency does not expect to revisit certifications it made while the rule was in effect. “This statement should provide some certainty to folks who received certifications and related federal permits under the vacated rule; however, a person may wonder under what circumstances EPA may decide to revisit prior certification actions,”...

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