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The Future of 401 Certifications

February 17, 2021 at 10:30:00 AM · Eastern Time (US & Canada)
About This Webinar

Section 401 of the Clean Water Act empowers States to certify whether projects subject to other federal approvals (e.g., FERC, Army Corps or Engineers) comply with the State’s water quality standards and also to impose conditions as part of their certification. In recent years, environmental groups and States that are opposed to major infrastructure projects (e.g., interstate natural gas pipelines) have sought to use the Section 401 process to stall or even deny the required certification. The Trump EPA adopted new 401 rules in 2020 in an effort to curtail these maneuvers, but the rules are subject to litigation and are leading candidates to be suspended, rescinded and/or replaced by the new Biden EPA. This session will discuss these developments, try to explain how we got here, and also what is likely to happen next.

Who can view: Everyone
Webinar Price: Free
Featured Presenters
Webinar hosting presenter
Partner, Troutman Pepper
Brooks is managing partner of Troutman Pepper’s Richmond office, which has over 130 attorneys spread out over the full array of practice areas, as well as the Strategies group, which is the firm’s full-service government relations subsidiary. Brooks helps to lead the firm’s environmental and natural resources practice group, which spans offices from coast to coast. Prior to joining Troutman in August 2013, Brooks co-chaired the global environmental practice at Hunton & Williams (now Hunton Andrews Kurth). Brooks is widely recognized for his work, both locally and nationally. He is top ranked by Chambers USA, Best Lawyers, Super Lawyers and the Virginia Legal Elite. He has also been recognized as a Leader in the Law by Virginia Lawyers Weekly and one of the country’s 50 Energy & Environmental Trailblazers by the National Law Journal. Most recently, he was included in the Virginia 500 – The 2020 Power List by Virginia Business Magazine. Brooks has written and spoken extensively on developments arising under the Clean Water Act, Endangered Species Act, NEPA and other environmental laws. In addition, he has chaired several national conferences and given more than 300 presentations to audiences across the United States and Canada.

Brooks is involved in cutting edge water and natural resource proceedings around the country, including:
(1) Litigation: Lead counsel in defense of environmental citizen suits in multiple federal court proceedings; defense of EPA and state enforcement proceedings involving various environmental laws; prosecution and defense of permit appeals arising under Sections 401 and 402 of the Clean Water Act; challenges to federal and state environmental rulemakings; and defense of EPA Title VI environmental civil rights complaints.
(2) Enforcement: Lead counsel to the Corporate Environmental Enforcement Council (www.ceecinc.org) and lead defense counsel in multiple federal and state environmental enforcement proceedings.
More information about Brooks and the firm is accessible here: www.troutman.com and https://www.troutman.com/services/practices/environmental-and-natural-resources/index.html.
Documents
PDF
Brooks Smith Bio.pdf
Preview Download Added by Anna Fletcher at 6:34 PM - Monday - February 15, 2021
PDF
EMLF CWA 401 Presentation .pdf
Preview Download Added by Anna Fletcher at 5:21 PM - Tuesday - February 16, 2021