May 23, 2025

Barbed Wire   |   federal issues   |   water quality EPA Reinforces Alignment of Clean Water Act Section 401 with “Powering the Great American Comeback” Initiative

On May 22, the U.S. Environmental Protection Agency (EPA) issued a memorandum clarifying the specific and limited role of States and Tribes in the federal licensing and permitting processes under Section 401 of the Clean Water Act (CWA). The EPA reiterates its position that States and Tribes must utilize Section 401 only for its statutory purpose – to protect water quality