Lawyers Expect EPA’s New CWA 401 Plan To Spur Lengthy Litigation ‘Mess’

EPA’s proposal to scale back state authority under Clean Water Act (CWA) section 401 to review whether federally permitted projects will harm state water quality standards is likely to prompt “lots of litigation” from states and environmentalists, if finalized, that could last for years, according to a former EPA attorney and other lawyers. “It’s going to be a mess for a long time,” Mark Ryan, who spent 24 years as one of EPA's leading CWA experts and chief trial attorneys,...