Section 401 certification Archives

Section 401 certification

Unpacking the Senate Permitting Reform Bill: CWA

Clean Water Act provisions have largest impacts on Section 404 permitting, and some on Section 401 certification

This post continues my review of the provisions of the Senate Permitting Reform Bill, focusing on the Clean Water Act provisions in Title II. My introduction to the coverage of the bill is here. My discussion of Title I, covering NEPA is here (for remedies) and here (everything else). Water Quality Criteria: Section 1201 requires …

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A quick overview of the Senate permitting reform bill

Senate bill has major changes for NEPA, some changes for Clean Water Act

The bipartisan permitting reform bill – at least the Senate version – is out. You can see it here. My initial take on the bill is below, and I hope to do some more detailed examination of specific provisions soon. My focus will be on the environmental law side, not the transmission side, since that …

Continue reading “A quick overview of the Senate permitting reform bill”

A start on feasible permitting reform

A proposal from the National Governors’ Association is narrow and focused, and that’s good

I’ve written recently about the difficult politics of permitting reform at the federal level. But that doesn’t mean that there isn’t important work to be done. It does mean that successful proposals will have to be, as I wrote, low salience, thoughtful, and unlikely to provoke polarization. The National Governors’ Association has just come out …

Continue reading “A start on feasible permitting reform”

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The Drain is a roundup of climate and environmental news from Legal Planet delivered to your Inbox once a week.

The Arguments We Did and Didn’t Hear in Suncor v. Boulder

Oral arguments in the climate case before the Supreme Court gave hints to possible outcomes. But one of Boulder’s strong answers to the “tort suits are regulation” objection went unmade.

Why Does Chevron Want Karen Bass to Win Re-election?

The Drain is a roundup of environmental and climate news from Legal Planet.

Permitting Wars

Environmental groups should engage constructively with permitting reform

How to Deconstruct Federal Regulation

Section 1401 of the Permitting Reform Bill is a stealth repeal of a wide swath of federal regulatory law, not just environmental law

Improving permitting reform

Suggestions to make the permitting reform bill work better and avoid unintended results

NEPA Remedies Revisited

Guest contributor Justin Pidot writes that the permitting bill known as BAAJA would end judicial review of most NEPA claims — but it sure is hard to figure that out.

A Major Problem with “Permit Certainty”

The permit certainty provision in the permitting reform bill appears to (inadvertently) change the basic standard for enforcement of most federal law

These 3 Numbers Explain Earth System Interventions in 2026

Concerns about passing 1.5C and ‘global dimming’ are driving attention to the prospect of large-scale interventions in Earth systems.

Our Information Ecosystem is Toxic. But We Can Clean It Up

The Drain is a roundup of environmental and climate news from Legal Planet.

Unpacking the Senate Permitting Reform Bill: NEPA

NEPA provisions are substantial in their changes, but (mostly) leave the core of the Act in place

Section 401 certification

Clean Water Act provisions have largest impacts on Section 404 permitting, and some on Section 401 certification

Senate bill has major changes for NEPA, some changes for Clean Water Act

A proposal from the National Governors’ Association is narrow and focused, and that’s good

Join Our Mailing List

Climate policy is changing rapidly. Stay in the loop with expert analysis via email Monday - Friday.

The Drain is a roundup of climate and environmental news from Legal Planet delivered to your Inbox once a week.

TRENDING

The Drain is a roundup of environmental and climate news from Legal Planet.

All my posts (to date) on the permitting reform bill before the Senate

Drawing a false dichotomy between procedure and substance does not lead to good policy

Environmental groups should engage constructively with permitting reform

This October, we officially celebrate the coal and oil industries. Says President Trump.

What can we expect if Dems flip the governorships in red states?

Section 1401 of the Permitting Reform Bill is a stealth repeal of a wide swath of federal regulatory law, not just environmental law

Suggestions to make the permitting reform bill work better and avoid unintended results

Guest contributor Justin Pidot writes that the permitting bill known as BAAJA would end judicial review of most NEPA claims — but it sure is hard to figure that out.

The permit certainty provision in the permitting reform bill appears to (inadvertently) change the basic standard for enforcement of most federal law

Oral arguments in the climate case before the Supreme Court gave hints to possible outcomes. But one of Boulder’s strong answers to the “tort suits are regulation” objection went unmade.

The Drain is a roundup of environmental and climate news from Legal Planet.

Environmental groups should engage constructively with permitting reform

Section 1401 of the Permitting Reform Bill is a stealth repeal of a wide swath of federal regulatory law, not just environmental law

Suggestions to make the permitting reform bill work better and avoid unintended results

Guest contributor Justin Pidot writes that the permitting bill known as BAAJA would end judicial review of most NEPA claims — but it sure is hard to figure that out.

The permit certainty provision in the permitting reform bill appears to (inadvertently) change the basic standard for enforcement of most federal law

Concerns about passing 1.5C and ‘global dimming’ are driving attention to the prospect of large-scale interventions in Earth systems.

The Drain is a roundup of environmental and climate news from Legal Planet.

NEPA provisions are substantial in their changes, but (mostly) leave the core of the Act in place