Justice Thomas’s Ship Comes In
In 1970, amendments to the Federal Water Pollution Control Act introduced state “Water Quality Certifications” into federal environmental law. This provision, recodified as Section 401 of the Clean Water Act in 1972, provides that states have the opportunity to review applications for any “federal license or permit to conduct any activity” which may result in any discharge to the waters of the United States, and to certify that any such discharge will comply with, among other things, state water quality standards for such waters.