About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

1 (August 30, 2001)

handle is hein.crs/crsmthaagnc0001 and id is 1 raw text is: Order Code 97-488 ENR Updated August 30, 2001 Clean Water Act Section 401: Background and Issues Claudia Copeland Specialist in Resources and Environmental Policy Resources, Science, and Industry Division Summary Background Under provisions of the Clean Water Act (CWA), an applicant for a federal license or permit to conduct any activity that may result in a discharge to navigable waters must provide the federal agency with a Section 401 certification. The certification, made by the state in which the discharge originates, declares that the discharge will comply with applicable provisions of the Act, including water quality standards requirements. Section 401 provides states with two distinct powers: one, the power indirectly to deny federal permits or licenses by withholding certification; and two, the power to impose conditions upon federal permits by placing limitations on certification. Generally, Section 401 certification has been applied to hydroelectric projects seeking a license from the Congressional Research Service +. The Library of Congress CRS Report for Congress Received through the CRS Web Section 401 of the Clean Water Act requires that an applicant for a federal license or permit provide a certification that any discharges from a facility will comply with the Act, including water quality standard requirements. Disputes have arisen over the states' exercise of authority under Section 401. Until recently, much of the debate over the Section 401 certification issue has been between states and hydropower interests. A 1994 Supreme Court decision which upheld the states' authority in this area dismayed development and hydroelectric power interest groups. The dispute between states and industry groups was a legislative issue in the 104th Congress through a provision of a House-passed Clean Water Act reauthorization bill; the Senate did not act on that bill. There was no similar activity in the 105th or 106th Congress. It could be an issue in the 107th Congress in the context of energy policy debate and reforming hydropower licensing proceedings. In addition, interest could develop in clarifying whether Section 401 certification applies to nonpoint source pollution discharges, as well as point sources. This question was raised in an Oregon lawsuit; the court ruled that Section 401 does not apply to nonpoint source discharges. This report will be updated as warranted.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most