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State certification, §401

New York State Department of Environmental Conservation v. Federal Energy Regulatory Commission

The Second Circuit denied a petition to review two FERC orders that determined the New York State Department of Environmental Conservation (NYDEC) had waived its authority under §401 of the CWA to issue or deny a water quality...

Mountain Valley Pipeline LLC v. North Carolina Department of Environmental Quality

The Fourth Circuit granted a pipeline company's petition to review the North Carolina Department of Environmental Quality's (NCDEQ's) denial of a CWA §401 certification for construction of a natural gas pipeline. The company argued the...

Lighthouse Resources Inc. v. Inslee

A district court stayed a constitutional challenge to the Washington Department of Ecology's decision to deny a coal company a CWA §401 certification for construction of a coal export facility along the Columbia River. The company...

Lighthouse Resources Inc. v. Inslee

A district court granted Washington's and environmental groups' motion for summary judgment in a challenge to the state's decision to deny a coal company a CWA §401 certification for construction of a coal export facility along the...

National Fuel Gas Supply Corp. v. New York State Department of Environmental Conservation

The Second Circuit vacated a decision by the New York State Department of Environmental Conservation denying a state water quality certification for construction of a natural gas pipeline through northwestern Pennsylvania and western...

Hoopa Valley Tribe v. Federal Energy Regulatory Commission

The D.C. Circuit vacated a FERC decision concerning a licensee's decommissioning plan with reviewing states for hydroelectric dams along the Klamath River. A Native American tribe challenged FERC's determination that California and...

Sierra Club v. United States Army Corps of Engineers

The Fourth Circuit vacated the U.S. Army Corps of Engineers' verification that construction of a natural gas pipeline could proceed in West Virginia under the terms and conditions of CWA Nationwide Permit (NWP) 12. Environmental groups...

Delaware Riverkeeper Network v. Pennsylvania Department of Environmental Protection

The Third Circuit denied review of the Pennsylvania Department of Environmental Protection's decision to grant a CWA §401 certification for a natural gas pipeline project. Environmental groups argued that the department acted...

Sierra Club v. State Water Control Board

The Fourth Circuit denied environmental groups' petition to review Virginia's issuance of §401 certification under the CWA for construction of a natural gas pipeline. The groups argued that state agencies acted arbitrarily and...

Oxford Mining Co. v. Nally

An Ohio appellate court held that the state environmental review board erred in affirming portions of Ohio EPA's CWA §401 water quality certification that prohibited a coal mining company from impacting certain wetlands. The mining...