D.C. Circuit:  Authority To Grant Water Quality Certification Not Waived

Mealey's (June 20, 2022, 10:47 AM EDT) -- WASHINGTON, D.C. — The District of Columbia Circuit U.S. Court of Appeals on June 17 said that each time the California State Water Resources Control Board denied water quality certifications for two hydroelectric facilities, the board took action within the meaning of Section 401 of the Clean Water Act, pursuant to which a state waives its authority to grant or deny water quality certification if it “fails or refuses to act” within one year of receiving a request....