Blog: Change is afoot – EPA revisiting section 401 program
More changes are ahead for entities seeking federal authorization for projects that may impact waters of the United States. … The Trump administration’s rule narrowed the authority of states and Tribes to deny Section 401 certifications, in part by limiting the time frame for review and the scope of conditions that certifying authorities could impose on federal permits. … The proposed rule reverses much of the 2020 rule and significantly expands the authority of states and Tribes to review, condition, and approve or deny certifications.