Representing a national industry association, Troutman Pepper obtained a nationwide stay from the U.S. Supreme Court pending appeal of a district court’s order that vacated a rule pertaining to licensing requirements for hydropower electric generating systems. The nationwide stay allowed the industry-favored Section 401 Rule to remain in effect.

Under Section 401 of the Clean Water Act, an applicant for a federal permit or license for an activity that “may result in any discharge into the navigable waters” must obtain a “water quality certification” from the state or authorized tribe in the area where a discharge could occur. The federal government in 2019 placed restrictions on the time frame and scope of objections by states and tribal governments under Section 401, limiting their authority to impose conditions on certification for discharge into waters in their borders. That rule was vacated by a federal district court in California. In a 5-4 vote, the high court’s decision reinstated the Section 401 rule nationwide, while the legal challenges were pending.

The team on this matter was led by Chuck Sensiba, and included Sean T.H. Dutton, Kevin M. LeRoy, Misha Tseytlin, Tim McHugh, Emily A. O’Brien, Elizabeth H. Andrews, Sahara D. Shrestha, Anna J. Wildeman, Elizabeth J. McCormick, Jana K. Stone, Andrea W. Wortzel, William J. Farley, III, McKayla J. Riter, and Moses Tincher.