Clean Water Act

The U.S. Environmental Protection Agency (EPA) and Department of the Army have issued a proposed redefinition of the Waters of the United States (WOTUS) under Section 401 of the Clean Water Act (CWA) in a move that has the potential to affect natural gas infrastructure projects.  Before closing off 2022, the EPA and Army in…

A U.S. district judge has rebuffed Trump-era limits on the scope of the Clean Water Act (CWA), vacating a rule that the Biden administration had already targeted for revision as part of broader efforts to strengthen federal environmental protections. An order handed down by the U.S. District Court for the District of Arizona Monday vacated…

The Biden administration is moving to give states and tribal authorities more leeway in approving or denying permits for projects that include oil and natural gas pipelines that cross waterways. Under Section 401 of the federal Clean Water Act (CWA), states and authorized tribes have allowed to grant, deny or waive certification for proposed federal…

The U.S. Environmental Protection Agency (EPA) plans to revise a Trump administration final rule issued last year to streamline Clean Water Act Section 401 certification, a move the Biden administration characterized as an effort to strengthen “state and Tribal authority” over review decisions. By giving the states authority to make water quality permitting decisions for…

The Environmental Protection Agency (EPA) has issued a final rule on Section 401 of the Clean Water Act (CWA) that it said would increase the transparency and efficiency of the Section 401 certification process and to promote the timely review of infrastructure projects.

Five trade associations representing the oil and natural gas industry said that while they appreciate the Trump administration’s call for federal agencies to expedite the permitting process for infrastructure, additional attention should be brought to bear over a controversial provision of the federal Clean Water Act (CWA).