Environmental Protection Agency
PHILADELPHIA – A federal judge has denied an attempt from the Environmental Protection Agency to dismiss a lawsuit brought by the Delaware Riverkeeper Network, over the implementation of a specific tenet of the Clean Water Act.
On June 1, the EPA issued a
Final Rule which largely changed its regulations in implementing Section 401 of the Clean Water Act, also published in the Federal Register on July 13.
Section 401 of the Clean Water Act gives each state and Native American tribe an important but limited say in the licensing of federal projects that could affect water quality.
Per the section in question, federal agencies cannot license activities that may result in a discharge into waters of the United States, until the state whose waters would be affected by the discharge certifies that the activity will comply with applicable water-quality requirements or waives the Section 401 requirement, either affirmatively or th