Western States Question EPA’s Legal Power To Change CWA 401 Rule

September 17, 2019
Several Western states are questioning whether EPA has legal authority to propose changes to the Clean Water Act (CWA) section 401 water quality certification process even as other states wrestle with how to respond to the agency’s proposed rule that seeks to limit states’ abilities to review certification requests. The states voiced their legal and other concerns during a recent private meeting with EPA and during a related public listening session in Salt Lake City, UT, earlier this month, according...

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