January 01, 2018

Does “to Act” under CWA § 401 Mean “Final Action”?

Christine Y. LeBel

A controversial pipeline project had me getting up to speed quickly on Federal Energy Regulatory Commission (FERC) and permitting processes under the federal Clean Water Act (CWA; 33 U.S.C. §§ 1251–1388). My agency was reviewing an application seeking the state’s certification that proposed discharges of dredged or fill material from the pipeline project into state waters would comply with the state’s Surface Water Quality Standards and other appropriate state law requirements, pursuant to CWA Section 401 (33 U.S.C. § 1341).

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