C.F.R. » Title 40 » CHAPTER I—ENVIRONMENTAL PROTECTION AGENCY › SUBCHAPTER D—WATER PROGRAMS › PART 121—STATE CERTIFICATION OF ACTIVITIES REQUIRING A FEDERAL LICENSE OR PERMIT › Subpart C—Certification by the Administrator

40 C.F.R. § 121.16

When the Administrator certifies

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(a) Certification or waiver by the Administrator is required where no state, Tribe, or interstate agency has authority to give such a certification.

(b) When acting pursuant to this section, the Administrator shall comply with the requirements of Clean Water Act section 401 and this part.

Notes of Decisions
Cited in 3 cases, 2002–2019 · leading case: City of Olmsted Falls, Ohio v. Fed. Aviation Admin. & Dep't of Transp., City of Cleveland, Ohio, Intervenor, 292 F.3d 261 (D.C. Cir. 2002).
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City of Olmsted Falls, Ohio v. Fed. Aviation Admin. & Dep't of Transp., City of Cleveland, Ohio, Intervenor, 292 F.3d 261 (D.C. Cir. 2002). “2(b)(ii); 40 C.F.R. 121.16(a), it is only “where State law allows such a waiver” and “such power does not exist under Ohio law.”
Hoopa Valley Tribe v. Fed. Energy Regulatory Comm'n, 913 F.3d 1099 (D.C. Cir. 2019). “PacifiCorp first filed its requests with the California Water Resources Control Board and the Oregon Department of Environmental Quality in 2006.”
City Olmsted Falls v. FAA (D.C. Cir. 2002). “2(b)(ii); 40 C.F.R. 121.16(a), it is only "where State law allows such a waiver" and "such power does not exist under Ohio law.”
— 40 C.F.R. § 121.16(a) — 2 cases
City of Olmsted Falls, Ohio v. Fed. Aviation Admin. & Dep't of Transp., City of Cleveland, Ohio, Intervenor, 292 F.3d 261 (D.C. Cir. 2002). “2(b)(ii); 40 C.F.R. 121.16(a), it is only “where State law allows such a waiver” and “such power does not exist under Ohio law.”
City Olmsted Falls v. FAA (D.C. Cir. 2002). “2(b)(ii); 40 C.F.R. 121.16(a), it is only "where State law allows such a waiver" and "such power does not exist under Ohio law.”
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