Eyeing EPA Alignment, FERC Seeks To Quell CWA 401 Deadline Challenges

The Federal Energy Regulatory Commission (FERC) is proposing to clarify the timeframe for states and other authorities to act on water quality certification requests under section 401 of the Clean Water Act (CWA), seeking to align with EPA requirements and quell concerns raised during litigation testing such deadlines. During its May 23 meeting, the commission adopted the proposed rule that would amend its regulations “to clarify that for all proceedings before the Commission that require a water quality certification pursuant...