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CWA 401 certification

85 FR 42210

ELR Federal Agency Update

Jumping Through Hoopa: Complicating the Clean Water Act for the States

ELR Article

Section 401 certification and permit conditioning under the Clean Water Act is one of the most significant tools for states to influence federally permitted activities involving discharges into navigable waters. However, states are...

Millennium Bulk Terminals-Longview, LLC v. State

ELR Case

A state review board affirmed the Washington Department of Ecology's denial of a CWA §401 certification requested by a coal company for a proposed coal export terminal. The company argued that its request was categorically exempt from...