Footnote:
Nach Informationen von SSRN wurde die ursprüngliche Fassung des Dokuments January 27, 2023 erstellt
Description:
State participation in the protection of water quality of the Waters of the United States plays a key role in curtailing environmental issues. The Congress in section 401 of the Clean Water Act empowers the states to either approve or deny certification before Federal Energy Regulatory Commission grants a permit for a project that may affect the water quality, or if states refuse to act within a period of one year, such authority to certify is waived. However, the section has become controversial because courts, through their decisions, has limited the authority of the states in deciding on a request for certification. Also, political administrations pass Executive Orders that limits the powers of the states in their decision making relating to Section 401 Certification. The basic challenge from court decisions and Executive Orders is the concept of time limit in which a state is required to decide upon a request for certification or it becomes a waiver on the part of the state, which actually runs contrary to the certification section. Therefore, it falls on the Congress to amend the section to resolve the ambiguities in the section for a better articulate participation in the protection of water quality and the environment. In the interim, the courts can, when faced with the issue, adopt an interpretation of what amounts to a waiver to better portray the true meaning of the certification section