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Infrastructure › Section 401 › Water Quality

Troutman Pepper

FERC Issues Notice of Proposed Rulemaking to Conform to EPA’s Recent CWA § 401 Rule

Troutman Pepper on

At its May 23, 2024 open meeting, the Federal Energy Regulatory Commission (“FERC”) issued a Notice of Proposed Rulemaking (“NOPR”) proposing to establish a one-year “reasonable period of time” for certifying authorities to...more

Troutman Pepper

FERC Issues Notice of Proposed Rulemaking to Conform to EPA’s Recent CWA 401 Rule

Troutman Pepper on

At its May 23 open meeting, the Federal Energy Regulatory Commission (FERC) issued a Notice of Proposed Rulemaking (NOPR), proposing to establish a one-year “reasonable period of time” for certifying authorities to act on...more

K&L Gates LLP

EPA Proposes New Rules Governing Section 401 Water Quality Certification

K&L Gates LLP on

On 9 June 2022, the U.S. Environmental Protection Agency (EPA) published in the federal register a proposed rule regarding the Clean Water Act (CWA) Section 401 water quality certification process (the Proposed Rule), undoing...more

BakerHostetler

The Section 401 Water Quality Certification Program and Its Impacts on Energy and Infrastructure Projects

BakerHostetler on

Section 401 of the Clean Water Act (CWA) requires applicants for federally permitted projects “that may result in any discharge into the navigable waters” of the United States to seek water quality certifications from the...more

Foley Hoag LLP - Environmental Law

States Really, Really, Must Act on Water Quality Certification Applications Within One Year

Foley Hoag LLP - Environmental Law on

The saga of judicial efforts to enforce the one-year limit on state review of applications for water quality certifications under Section 401 of the Clean Water Act shows no sign of reaching a conclusion. First, in Hoopa...more

Morgan Lewis - Power & Pipes

FERC Modifies Water Quality Certification Waiver Period for Gas Projects

Morgan Lewis - Power & Pipes on

FERC issued a final rule on March 18 amending its regulations to establish a one-year period for state agencies or other certifying authorities to act on requests for water quality certifications required for a certificate of...more

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