ArticleCS

2 December 2021 - Water Quality Certifications and Corps Permitting

USACE Regulatory
Published Dec. 2, 2021

On October 21, 2021 the U.S. District Court for the Northern District of California issued an order vacating and remanding the Environmental Protection Agency’s 2020 regulations implementing Section 401 of the Clean Water Act.  On November 18, 2021, after a temporary pause on permit decisions reliant on a Section 401 water quality certification or waiver completed under the vacated regulations, Corps districts resumed making decisions on all permit applications and requests for nationwide permit verifications.  As part of that decision making process, districts will coordinate with certifying authorities on water quality certifications that are potentially impacted by the vacatur order.

Additional information regarding the vacatur can be found on EPA’s website at: https://www.epa.gov/cwa-401/2020-clean-water-act-section-401-certification-rule