State Water Quality Certification: EPA Issues State Water Quality Certification (CWA § 401) Final Rule
Hallie Meushaw and Morgan Gerard were published in the July 2020 issue of The Water Report. Their article, "State Water Quality Certification: EPA Issues State Water Quality Certification (CWA § 401) Final Rule," explores the United States Environmental Protection Agency's (EPA's) long-awaited pre-publication version of its final rule (Final Rule) to clarify state water quality certification substantive authorities and procedures under Section 401 of the Clean Water Act (CWA), U.S.C. 1341(a)(1). They write, "Section 401 is an important tool for states (and tribes approved for treatment as a state) that can be used to help protect water quality in federal licensing and permitting activities. Section 401 of the CWA requires that any applicant for a federal license or permit, that may result in a discharge to navigable waters, seek a water quality certification from the appropriate state or tribal authority in which the discharge will originate."