Clean Water Act Ruling Could Obstruct Future Permitting

Law360 (March 1, 2021, 4:31 PM EST) -- On Feb. 16, U.S. District Judge Patrick J. Schiltz of the U.S. District Court for the District of Minnesota held, in Fond du Lac Band of Lake Superior Chippewa v. Thiede, that the U.S. Environmental Protection Agency must review applications for federally licensed or permitted discharges and corresponding certifications issued under Clean Water Act Section 401(a)(2),[1] to determine whether "such a discharge may affect … the quality of the waters of any other state."[2]

The court rejected the EPA's arguments that such findings were wholly discretionary and, even if required, not subject to judicial review.

If this decision is affirmed on appeal,...

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