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New EPA Section 401 Guidance Clarifies Timelines for and Scope of Certification Reviews

 

Collaboration effort is encouraged by the EPA.

Recently, the EPA announced guidance with recommendations concerning the implementation of Section 401 of the Clean Water Act, 33 U.S.C. § 1341. This guidance followed Executive Order 13868, which directs the EPA to review state and tribe procedures for confirming permits or licenses for projects within their borders adhere to established water quality standards. This white paper reviews how states and tribes have increasingly used Section 401 certification reviews to delay, condition, or deny permits and licenses; and how this new guidance is aimed at addressing this issue.

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New EPA Section 401 Guidance Clarifies Timelines for and Scope of Certification Reviews

Agenda

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New EPA Section 401 Guidance Clarifies Timelines for and Scope of Certification Reviews

Faculty

James M. Auslander

Beveridge & Diamond, P.C.

James M. Auslander is a principal in the Washington, DC office of Beveridge & Diamond, PC. Jamie co-chairs Beveridge & Diamond’s Natural Resources and Project Development Practice Group, including its Energy Practice. He focuses on complex legal issues surrounding the development of oil and gas, hard rock minerals, renewable energy, and other natural resources on public lands onshore and on the Outer Continental Shelf. He frequently litigates appeals before federal courts and administrative bodies regarding rulemakings, permits, and other issues. He represents major and small businesses, leading industry trade associations, and state and local agencies in a wide range of environmental matters, both national and local in scope. He serves clients in all phases of a case, including internal compliance, administrative proceedings and negotiations, and litigation when necessary. Jamie devotes a significant part of his practice to counseling and litigation under the National Environmental Policy Act (NEPA) and similar state laws.

Another cornerstone of Jamie’s practice assists multinational corporations, domestic companies, and leading industry trade associations in protecting valuable lease rights and navigating the ever-changing environmental requirements to develop those leases. Jamie also represents municipalities and local businesses in challenging parochial bans on biosolids and solid waste. Jamie is well-versed in various issues arising under the Administrative Procedure Act, Clean Water Act, Endangered Species Act, Clean Air Act, National Historic Preservation Act, Plant Protection Act, Surface Mining Control and Reclamation Act, as well as a range of international laws and treaties.

W. Parker Moore

Beveridge & Diamond, P.C.

W. Parker Moore is a principal in the Washington, DC office of Beveridge & Diamond, PC. Parker's environmental law practice is an outgrowth of his love for the natural world. He co-chairs Beveridge & Diamond’s Natural Resources and Project Development Practice Group and its NEPA, Wetlands, and Endangered Species Act groups. Parker dedicates his practice to successful project development, advising clients nationwide on activities implicating NEPA, wetlands regulation, and federal and state species protection laws, including the Endangered Species Act, Migratory Bird Treaty Act, Bald and Golden Eagle Protection Act, and CITES. He also defends clients against agency enforcement actions and citizen suits, applying his substantive knowledge of natural resources law and project development to craft creative, sound, and successful legal strategies. Parker brings a balanced approach to working on high profile projects to meet the objectives of developers and the legal demands of state and federal regulators. Clients involve him at all stages of project development, from initial project conception and design to defense of completed facilities. He frequently is called on to help get projects back on track when they are delayed by permitting complications and other regulatory issues, bringing to bear his extensive experience to identify innovative and effective solutions. In all cases, Parker’s goal is to help his clients complete legally-defensible projects on time and on budget. Before joining B&D, Parker clerked at the White House Council on Environmental Quality. He also is a professionally-trained wetlands ecologist and has years of experience identifying wetlands, obtaining jurisdictional determinations from the U.S. Army Corps of Engineers, surveying for protected species, and drafting NEPA documents.

Katrina M. Krebs

Beveridge & Diamond, P.C.

Katrina Krebs is an associate in the Washington D.C. office of Beveridge & Diamond PC. Katrina brings a life-long interest in the natural environment to her law practice, which is focused on addressing National Environmental Policy Act (NEPA) issues, wetlands regulation, federal species protection laws, land use law, and litigation. Prior to law school, Katrina worked for the U.S. Fish & Wildlife Service on national wildlife refuges in Arizona, Colorado, and Wyoming. As a Park Ranger, she educated visitors and students about refuge management and the wildlife and natural resources that those refuges conserve. She assisted with biological projects on the refuges, including recovering the endangered Sonoran pronghorn. Before joining Beveridge & Diamond, Katrina clerked for the U.S. Department of Justice in the Environment & National Resources Division and the U.S. Environmental Protection Agency in the Office of Enforcement & Compliance Assurance. Katrina is not admitted to practice in Washington, DC. She is admitted to practice only in New York.

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New EPA Section 401 Guidance Clarifies Timelines for and Scope of Certification Reviews

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