As outlined in a prior Brownstein alert, the effect of the rule is to limit the authority of states and tribes to deny Section 401 certifications or add water quality-related conditions to permits issued by the federal government.Įnvironmental groups and predominantly Democrat-led states challenged the Trump rule, and the cases were consolidated in the U.S. A Section 401 certification or waiver is necessary to obtain certain federally issued permits, such as Section 404 dredge and fill permits, Rivers and Harbors Act Section 9 and 10 permits, and Federal Energy Regulatory Commission licenses for pipelines or hydropower facilities.Īt issue before the Supreme Court-and now pending before the Ninth Circuit-was a 2020 Trump rule that reduces the time for states and tribes to make decisions on Section 401 certifications, and that limits the scope of review to “water quality requirements,” as defined by the rule. States and authorized tribes are responsible for issuing, denying or waiving these Section 401 certifications.
#Project tomorrow surviving the aftermath license
Section 1341, prohibits a federal agency from issuing a permit or license to conduct any activity that may result in any discharge into waters of the United States unless a certification is granted or waived. Section 401 of the Clean Water Act, 33 U.S.C. Supreme Court held that the Trump administration’s Section 401 certification rule will stay in place while further litigation proceeds, potentially signaling how the court may view the underlying merits of the case pending before the U.S. Entities seeking federal authorization for infrastructure projects that may impact waters of the United States must obtain a Section 401 certification under the Trump administration’s narrowed Section 401 certification rule-for now.
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