Clean Water Act, Energy Sector, Certification Requirements

Clean Water Act › Energy Sector › Certification Requirements

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The Clean Water Act is a United States federal statute enacted in 1972 to reduce levels of toxic substances in the nation's water supply and to prevent high levels of new contamination. The CWA seeks to accomplish its stated goals by preventing point and nonpoint pollution sources, assisting wastewater treatment facilities and maintaining wetlands. less -

Carolinas Environmental Legislative Update

Williams Mullen on 6/4/2024

Both the North and South Carolina legislatures have recently adopted statutes affecting environmental issues in their respective states. This update highlights the most significant developments in North and South Carolina....more

Energy Commission Proposes Water Quality Certification Practices for Pipelines, Natural Gas Projects

Holland & Knight LLP on 10/20/2020

On Oct. 19, 2020, the Federal Energy Regulatory Commission (FERC) filed a Notice of Proposed Rulemaking in the Federal Register to start the 30-day comment period on its draft rule, which was published on the FERC website on...more

Section 401 Water Quality Certification Waiver/Hydroelectric Relicensing: Federal Energy Regulatory Commission Addresses Southern...

Mitchell, Williams, Selig, Gates & Woodyard,... on 3/4/2020

The Federal Energy Regulatory Commission (“FERC”) issued a February 20th document titled: Declaratory Order on Waiver of Water Quality Certification (“Order”)...more

EPA Answers Trump’s Call for Less State Authority Under the Clean Water Act

Williams Mullen on 10/30/2019

EPA recently published a proposed federal rule (“Proposed Rule”) aimed at limiting the authority of states to deny certifications of compliance with state water quality requirements under Section 401 of the Clean Water Act...more

EPA Proposes Changes to The Section 401 Water Quality Certification Process

Steptoe & Johnson PLLC on 8/19/2019

Consistent with the President’s focus on streamlining the permitting process and jumpstarting energy infrastructure projects as outlined in his Executive Order 13868, the USEPA published new rules related to the state’s role...more

EPA's New Section 401 Guidance: Will It Limit States' Authority or Just Make Them Mad?

Stoel Rives LLP on 7/8/2019

Frustrated by some states’ use of their Clean Water Act (CWA) section 401 authority to oppose or delay energy projects—particularly the transportation of fossil fuels—the Trump Administration last Friday issued the second...more

EPA to States: Don’t Rock the Boat with Water Quality Certification Review

Akin Gump Strauss Hauer & Feld LLP on 6/20/2019

On June 7, 2019, the U.S. Environmental Protection Agency (EPA) issued updated guidance to “clarify and provide recommendations concerning the implementation of” Section 401 of the Clean Water Act (CWA), which could have...more

Why EPA’s Clean Water Act Section 401 Guidance Will Have No Practical Impact on Pipeline Projects

Holland & Knight LLP on 6/19/2019

The U.S. Environmental Protection Agency (EPA) recently announced the rollout of its new Clean Water Act Section 401 Guidance for Federal Agencies, States and Authorized Tribes which replaces an April 2010 Interim Guidance...more

Executive Order on Promoting Energy Infrastructure and Economic Growth: Section 401 Clean Water Act Certification Process

Mitchell, Williams, Selig, Gates & Woodyard,... on 4/17/2019

The White House issued an Executive Order titled: Executive Order on Promoting Energy Infrastructure and Economic Growth (“EO”) - Section 3 of the EO addresses Section 401 Clean Water Act certifications....more

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Clean Water Act › Energy Sector › Certification Requirements

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