What Happened
On October 21, 2021, a California District Court judge vacated the 2020 Clean Water Act 401 Water Quality Certification Rule (401 WQC) based on the determination that the rule is inconsistent with Supreme Court caselaw. Although 401 WQC can still occur under the 1971 401 WQC rule, the judge’s order has put project authorization under the 2021 Nationwide Permits (2021 NWPs) into limbo, resulting in a ‘pause’ of the U.S. Army Corps of Engineers (USACE) review and verification of projects seeking authorization under these general permits.
Read more in the full Regulatory Alert.
What to Watch
Additional information on the California District Court decision and USACE guidance is available through the following links.
- U.S. District Court for The Northern District of California Vacates EPA’s Clean Water Act Section 401 Certification Rule (news article by Van Ness Feldman, LLP)
- USACE Headquarters Regulatory Homepage (Civil Works Regulatory Program and Permits)
