A filing in a California federal court indicates that EPA is planning to apply its new Clean Water Act section 401 certification rule to all certification requests, including those that are currently pending and that were submitted in accordance with the 2020 Certification Rule. If EPA attempts to retroactively apply its new rule to pending certification requests, it will guarantee immediate litigation and the challengers will have a strong likelihood of success.
Continue Reading Will EPA Apply the New 401 Certification Rule Retroactively to Pending Requests?