Events

Attorneys Kip Power and Shannon Rutherford will present “Clean Water Act Sections 401, 404 and 505: Citizen Suits Based on Water Quality Certifications for Energy Projects,” at WVU College of Law’s Shale Gas Law 2019 on November 8-9, 2019.

A state must issue a water quality certification under Clean Water Act Section 401 in order to make effective any federal permit issued under other Clean Water Act provisions that authorize discharges into waters of the United States. Energy projects often require permits under Clean Water Act Section 404 to allow the lawful placement of fill material into jurisdictional waters. Pursuant to Clean Water Act Section 505, citizen suits may be commenced against entities that are in violation of an “effluent standard or limitation,” including “certification under [Clean Water Act Section 401].” This presentation will explore the extent to which conditions that are attached to Section 401 Certifications may serve as a basis for Clean Water Act citizen suits, and the ramifications of this potential exposure for those seeking to construct energy projects. For more information, click here.