Clean Water Act Section 401: Background and Issues

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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 ... continued below

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Copeland, Claudia October 4, 1998.

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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.

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Congressional Research Service Reports

The Congressional Research Service (CRS) is the public policy research arm of Congress. This legislative branch agency works exclusively for Members of Congress, their committees and their staff. This collection includes CRS reports from the mid-1970's through the present--covering a variety of topics from agriculture to foreign policy to welfare.

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  • October 4, 1998

Added to The UNT Digital Library

  • June 11, 2005, 7:47 a.m.

Description Last Updated

  • Feb. 7, 2017, 6:04 p.m.

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Copeland, Claudia. Clean Water Act Section 401: Background and Issues, report, October 4, 1998; Washington D.C.. (digital.library.unt.edu/ark:/67531/metacrs646/: accessed August 17, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.