Fourteen AGs Opposed Army Corps of Engineers’ Proposal to Limit States’ Authority Under Clean Water Act Section 401

APRIL 25, 2019

New York Attorney General Letitia James led a coalition of 14 state attorneys general in sending a letter to the U.S. Army Corps of Engineers opposing a proposal to limit states’ authority under Section 401 of the Clean Water Act. Under the Act, energy infrastructure projects proposed for federally protected waters must secure state water quality certification in addition to relevant federal approvals. Section 401 grants states up to one year to review applications and grant or deny certification. The Corps’ proposal would limit states’ reviews to a maximum of 60 days, severely limiting states’ ability to conduct thorough reviews and ensure projects comply with state water quality standards. In their letter, the attorneys general warned that the proposal, if finalized, would “infringe on state authority over state water quality and impermissibly undermine the cooperative federalism system established by the Clean Water Act.”