cooperative federalism

How broad does Clean Water Act 401 certification sweep?

Recent disputes over infrastructure projects highlights the importance of the question

Another issue for ping-pong governance over the past few years has been certification under Section 401 of the Clean Water Act. For those of you who are not deep into the weeds of the Clean Water Act, Section 401 requires (a) federal agencies that are issuing licenses or permits that (b) result in discharges to …

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