Blog: Here today, gone tomorrow? Supreme Court uses emergency docket to weigh-in on section 401 program
Entities seeking federal authorization for infrastructure projects that may impact waters of the United States must obtain a Section 401 certification under the Trump administration’s narrowed Section 401 certification rule—for now. On April 6, 2022, the U.S. Supreme Court held that the Trump administration’s Section 401 certification rule will stay in place while further litigation proceeds, potentially signaling how the court may view the underlying merits of the case pending before the U.S. Court of Appeals for the Ninth Circuit.