Weekly Focus

Appellate Rulings Drive Push For EPA To Clarify States’ 401 Deadlines

September 1, 2022
Two recent appellate rulings endorsing scenarios allowing the one-year clock for states to act on water quality certification requests to be reset are prompting environmentalists to urge EPA to reverse its current stance and codify these options in its pending Clean Water Act (CWA) section 401 rule to provide clarity on the issue. In separate comments on the Biden administration’s proposed Clean Water Act (CWA) section 401 rule , Waterkeeper Alliance and Earthjustice call on EPA to endorse the analysis...

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