States Urge High Court To Address ‘Adverse Effects’ Of CWA 401 Decision

October 3, 2019
A bipartisan coalition of states is urging the Supreme Court to take up a petition from environmentalists to review an appellate decision limiting states’ ability to review Clean Water Act (CWA) section 401 water quality certification requests, arguing the ruling’s “incorrect interpretation . . . threatens to have far-reaching, adverse effects for States.” In an amicus brief in California Trout, et al. v. Hoopa Valley Tribe, et al. , the states say the ruling earlier this year from U.S...

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