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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