On June 1, the Environmental Protection Agency (EPA) released a pre-publication version of its proposal to re-write the Clean Water Act Section 401 rule (Certification Proposal), which, if finalized, is expected to have far-reaching impacts on hydroelectric licensing and relicensing. The Certification Proposal is intended by EPA to replace the version of the rule finalized under the Trump administration in 2020 (2020 Rule). While the Certification Proposal maintains some aspects of the 2020 Rule, it differs in some significant areas and in many ways reverts back to the 1971 regulations.
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Supreme Court Re-Instates the Clean Water Act Section 401 Certification Rule
Court Decision to Vacate, Remand State Water Quality 401 Certification Rule
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The Fourth Circuit Weighs In on the Interpretation of CWA Section 401
District Court Lacked Jurisdiction Over Clean Water Act Section 404 Permit Challenge Involving FERC License Amendment
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EPA Announces Reconsideration and Potential Revision of the Clean Water Act Section 401 Final Rule
FERC Terminates Licenses for Projects Involved in Michigan Dam Breach
FERC Issues Order Proposing Substantial Penalty for Licensee in Michigan Dam Failure
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