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Expert Analysis

Clean Water Act Challenges To Pipeline Projects: Part 2

By Joel Beauvais and Janna Chesno (October 25, 2017, 12:35 PM EDT) -- Pipeline development in the United States has become increasingly contentious, with environmental, landowner and state opposition expanding and taking new forms. Among the evolving areas of conflict is Section 401 of the Clean Water Act (CWA), which provides that a federal agency cannot issue a permit or license for an activity that may result in a discharge to waters of the United States until the state where the discharge would originate has granted or waived certification that the discharge would comply with (among other things) state water quality standards. ...

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