On July 1, 2022, we submitted comments on EPA’s proposed Clean Water Act (CWA) Section 401 Water Quality Certification Improvement Rule. The proposed rule would update the existing regulations to be more consistent with the statutory text of the 1972 CWA. We are very supportive of the proposed rule and urge EPA to finalize it as quickly as possible. The 2020 rule currently in effect does not provide protection from the adverse holistic effects of federally permitted or licensed projects and fails to achieve the CWA goal of ensuring states, territories, and tribes are empowered to protect their water resources.
Read the comments.