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 Collection: Congressional Research Service Reports
Clean Water Act Section 401: Background and Issues

Clean Water Act Section 401: Background and Issues

Date: October 4, 1998
Creator: Copeland, Claudia
Description: Section 401 of the Clean Water Act requires that an applicant for a federal license or permit provide a certification that any discharges from the facility will comply with the Act, including water quality standard requirements. Disputes have arisen over the states' exercise of authority under Section 401. Until recently, much of the debate over the Section 401 certification issue has been between states and hydropower interests. A 1994 Supreme Court decision which upheld the states' authority in this area dismayed development and hydroelectric power interest groups. The dispute between states and industry groups was a legislative issue in the 104th Congress through an amendment to a House-passed Clean Water Act re-authorization bill; the Senate did not act on that bill.
Contributing Partner: UNT Libraries Government Documents Department
Clean Water Act Section 401: Background and Issues

Clean Water Act Section 401: Background and Issues

Date: October 5, 2006
Creator: Copeland, Claudia
Description: Section 401 of the Clean Water Act requires that an applicant for a federal license or permit provide a certification that any discharges from the facility will comply with the Act, including water quality standard requirements. Disputes have arisen over the states' exercise of authority under Section 401. Until recently, much of the debate over the Section 401 certification issue has been between states and hydropower interests. A 1994 Supreme Court decision which upheld the states' authority in this area dismayed development and hydroelectric power interest groups. The Court revisited these issues in a 2006 ruling that unanimously upheld the states' authority to condition hydropower licenses. The dispute between states and industry groups about Section 401 authority has been a legislative issue on several occasions, but Congress has not responded by modifying the provision's scope. In addition, there has been interest in clarifying whether Section 401 certification applies to nonpoint source discharges, such as rainfall runoff, as well as point source discharges from pipes or ditches.
Contributing Partner: UNT Libraries Government Documents Department
Safe Drinking Water Act: Implementation and Reauthorization

Safe Drinking Water Act: Implementation and Reauthorization

Date: December 3, 1996
Creator: Tiemann, Mary
Description: None
Contributing Partner: UNT Libraries Government Documents Department
Wetlands Regulation and the Law of Property Rights "Takings"

Wetlands Regulation and the Law of Property Rights "Takings"

Date: February 17, 2000
Creator: Meltz, Robert
Description: None
Contributing Partner: UNT Libraries Government Documents Department
The Supreme Court Addresses Corps of Engineers Jurisdiction Over "Isolated Waters": The SWANCC Decision

The Supreme Court Addresses Corps of Engineers Jurisdiction Over "Isolated Waters": The SWANCC Decision

Date: February 16, 2001
Creator: Meltz, Robert & Copeland, Claudia
Description: None
Contributing Partner: UNT Libraries Government Documents Department
Toxic Pollutants and the Clean Water Act: Current Issues

Toxic Pollutants and the Clean Water Act: Current Issues

Date: September 21, 1993
Creator: Copeland, Claudia
Description: None
Contributing Partner: UNT Libraries Government Documents Department
Stormwater Permits: Status of EPA's Regulatory Program

Stormwater Permits: Status of EPA's Regulatory Program

Date: June 10, 1998
Creator: Copeland, Claudia
Description: None
Contributing Partner: UNT Libraries Government Documents Department
Water Quality Initiatives and Agriculture

Water Quality Initiatives and Agriculture

Date: February 16, 2000
Creator: Copeland, Claudia
Description: None
Contributing Partner: UNT Libraries Government Documents Department
Water Quality Initiatives and Agriculture

Water Quality Initiatives and Agriculture

Date: December 20, 2000
Creator: Copeland, Claudia
Description: None
Contributing Partner: UNT Libraries Government Documents Department
Safe Drinking Water Act: State Revolving Fund Program

Safe Drinking Water Act: State Revolving Fund Program

Date: June 4, 1997
Creator: Tiemann, Mary
Description: None
Contributing Partner: UNT Libraries Government Documents Department