A new frontline has opened in the ongoing battle over the scope of the Federal Clean Water Act, this one centered on the Environmental Protection Agency’s (EPA) recent Section 401 Water Quality Certification rule.
EPA officials are focused on delineating the roles of States and Tribes in the federal licensing or permitting of activities likely to result in a ‘discharge’ into a ‘Water of the United States’. This issue represents a significant point of tension, as different jurisdictions fight for control over the governance of this key environmental matter.
This latest EPA move is congruent with the agency’s tenth attempt to define ‘Waters of the United States’, a task that is proving substantially complex and contentious, with rulings often becoming the subject of long drawn-out cases in court.
The Water Quality Certification rule is yet another EPA policy that is perceived as heading to court. Such rulings reflect the current climate of contestation around environmental matters, with a focused lens on the continued interpretation and application of the Clean Water Act, a decades-old piece of legislation that continues to animate discussions and disagreements on environment, jurisdictions, and regulatory power.
As the EPA’s efforts continue, it would be prudent for legal professionals, particularly those within large corporations and law firms, to keep a close watch on these evolving landscapes. Understanding the complex interplay between federal and state rules is essential for advising clients on risk related to regulatory compliance, environmental protection, and broader corporate responsibility.
For more detailed information on this pertinent development, the complete report can be found here.