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ARTICLE · 15 AUGUST 2019

More Sauce For The Chevron Goose

Last week, EPA proposed revisions to its regulations governing the issuance of water quality certifications under § 401 of the Clean Water Act.

United StatesEnergy and Natural Resources

Last week, EPA proposed revisions to its regulations governing the issuance of water quality certifications under § 401 of the Clean Water Act. The regulations are long-overdue and, notwithstanding the source, some of the changes are appropriate. Nonetheless, the key element of the revisions is the provision that would preclude state and tribal agencies from considering issues other than those related to the water quality impacts of discharge being permitted – and to include that provision, EPA had to get around the clear holding in PUD No. 1 of Jefferson County v. Washington Department of Ecology, in which the Supreme Court unambiguous held that state and tribal agencies do have such authority.

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