• U.S. Chamber Amicus Brief: California State Water Resources Control Board v FERC (9th Cir) (re: limits to states' power to use Clean Water Act section 401 to delay federal agencies' licensing decisions)

December 13, 2021

U.S. Chamber urges Ninth Circuit to hold that California waived its authority under section 401 of the Clean Water Act to grant or deny water quality certifications for proposed federally licensed activities.  Section 401 provides that if a state fails or refuses to act on a certification request “within a reasonable period of time (which shall not exceed one year) after receipt of such request,” the certification requirements of section 401 “shall be waived.”  In this case, the state failed to grant or deny certification within a year.