FERC Adopts Final Rule Formalizing One-Year Deadline for States To Issue Clean Water Act Certifications; Second Circuit Affirms FERC’s Approach
By EsqSocial Corporation 25/03/21
On March 18, 2021, the Federal Energy Regulatory Commission (FERC) adopted a Final Rule requiring state agencies to issue Clean Water Act (CWA) Section 401 water quality certificates within one year of receiving a request or else waive the right to issue a certification. The rule formalizes the firm one-year limit on the amount of time a state may take to consider a request under Section 401, and clarifies that the time period begins upon receipt of a request, thereby reducing confusion....
By: Beveridge & Diamond PC