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Energy Bar Association’s 2018 Annual Meeting & Conference! The event provided two full days of discussions focused on the legal issues related to all aspects of energy law.
Clean Water Act Section 401 - Guardian of Water Quality or Political Hammer? - Monday, May 7, 2018 3:45pm Session A
Pipelines deliver a lot more than oil and gas these days. In recent years, they have carried legal controversy by the ton. Today’s pipeline projects face opposition from an active and multiplying number of stakeholders, including environmental groups, landowners, and state governments. That opposition has made the environmental permitting process more complex, contentious, and influential than ever, with effects spilling over onto other large infrastructure projects.
This roundtable session will feature key agency participants from the Corps, EPA, and FERC and will examine the environmental permitting challenges facing pipeline developments. In particular, it will analyze the challenges posed by section 401 of the Clean Water Act, a still-evolving—and vigorously contested—provision that makes federal approvals dependent on the granting of state water certifications or waivers.
In this difficult climate for energy construction projects, we will discuss best practices for navigating the regulatory process through the lens of recent cases studies; including several major projects have faced section 401 certification challenges.