Federal Water Permitting Remains Subject to State Review
Section 401 of the Clean Water Act provides that federal licenses and permits authorizing activities that include a point source discharge to the waters of the United States may only be granted after affected states have had an opportunity to review the activity and to certify that it will not cause a violation of state water quality standards. States (and some tribes with “treatment as a state”) have authority to grant or waive certification, to deny it, or to grant it subject to conditions.