Environment · rulemaking
Environment/rulemaking: Clean Water Act §401 and the push to narrow state/Tribal leverage
What happened: EPA proposed changes to §401 certification rules (per Reuters/AP).
Why it matters: §401 is a major leverage point for states/Tribes in federally-permitted projects.
Why it matters: §401 is a major leverage point for states/Tribes in federally-permitted projects.
Timeline
2023
Biden-era §401 rule in place (baseline).
2026-01-13
Reuters reports proposal to revise and narrow the rule.
Spring 2026
AP reports comment window and expected final rule timing.
How to cover this cleanly
Treat it like administrative law: (1) the proposal text; (2) the legal rationale; (3) the comments; (4) what the final rule says; (5) lawsuits and outcomes.
What to watch
Which states/Tribes object in comments, what EPA changes in response, and whether courts later treat the rule as arbitrary or beyond statutory authority.
Update practice
When the final rule is issued, add a dated update at the top and link the Federal Register notice.