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EPA Issues Revised CWA Section 401 Guidance to States

The National Law Review – June 10, 2019
On June 7, 2019, the U.S. Environmental Protection Agency (EPA) issued an updated guidance document (Updated Guidance) that clarifies and provides recommendations to states and tribes concerning their implementation of Section 401 of the Clean Water Act (CWA). The Updated Guidance, issued pursuant to Executive Order 13868, includes procedural and substantive reforms to the Section 401 process to reduce delays and uncertainty among applicants, states, tribes, and federal permitting agencies. The Updated Guidance is the latest in a series of recent executive and judicial developments that have significantly changed the Section 401 landscape, particularly for gas pipelines, hydropower projects, and other energy infrastructure projects. Read full story here.

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