40 C.F.R. § 121.2
When certification is required
Certification or waiver is required for any Federal license or permit that authorizes any activity which may result in any discharge from a point source into waters of the United States.
Notes of Decisions
Cited in 21
cases (2 in the last 5 years), 1989–2024 · leading case: Port of Seattle v. Pollution Control Hearings Bd., 90 P.3d 659 (Wash. 2004).
Port of Seattle v. Pollution Control Hearings Bd., 90 P.3d 659 (Wash. 2004). “” 40 C.F.R. § 121.2 (a)(3) (emphasis added).”
Pud No. 1 of Jefferson Cnty. v. Washington Dep't of Ecology, 511 U.S. 700 (1994). “" 40 CFR § 121.2 (a)(3) (1993) (emphasis added).”
Sierra Club v. State Water Control Bd., 898 F.3d 383 (4th Cir. 2018). “(emphasis added). Under the CWA's implementing regulations, the State also has the option of granting the certification based on certain conditions.”
Sierra Club v. U. S. Army Corps of Engineers, 981 F.3d 251 (4th Cir. 2020). “The WVDEP then requested the Army Corps to “incorporate this modification into its NWPs for West Virginia, in accordance with 40 C.F.R. § 121.2 (b).” Pet’rs’ Mot. Stay, Ex.”
City of Shoreacres v. Texas Comm'n on Env't Quality, 166 S.W.3d 825 (Tex. App. 2005). “” 40 C.F.R. § 121.2 (a)(3). The Commission’s 401 certification is a unified process that includes a project’s consistency with the state coastal management program as part of its water quality certification.”
Appalachian Voices v. State Water Control Bd., 912 F.3d 746 (4th Cir. 2019). “If the state grants the Section 401 Certification - whether with or without conditions - it must contain "[a] statement that there is a reasonable assurance that the activity will be conducted in a manner which will not violate applicable water quality standards.”
In re the Decision on the Approval for Submittal of a 401 Water Quality Certification, 822 N.W.2d 676 (Minn. Ct. App. 2012). “40 C.F.R. § 121.2 (a) (2012) (emphasis added).”
Sierra Club v. West Virginia DEP, 64 F.4th 487 (4th Cir. 2023). “” 40 C.F.R. § 121.2 (a)(3) (2019); see also 40 C.”
Miners Advocacy Council, Inc. v. State, Dep't of Env't Conservation, 778 P.2d 1126 (Alaska 1989). “” 40 C.F.R. § 121.2 (a)(3). When it certified the draft NPDES permits, DEC provided EPA with one such statement applicable to all 539 permits.”
Port of Seattle v. PCHB, 90 P.3d 659 (Wash. 2004). “" 40 C.F.R. § 121.2 (a)(3) (emphasis added).”
Ctr. for Env't Law & Policy v. Dep't of Ecology, 196 Wash. App. 360 (Wash. Ct. App. 2016). “” 40 C.F.R. § 121.2 (a)(3). ¶5 Ecology issued the 401 Certification in July 2012.”
Deschutes River All. v. Portland Gen. Elec. Co., 249 F. Supp. 3d 1182 (D. Or. 2017). “” 40 C.F.R. § 121.2 (a)(3). The certification must also contain "[a] statement of any conditions which the certifying agency deems necessary or desirable with respect to the discharge of the activity.”
— 40 C.F.R. § 121.2(b) — 1 case
Sierra Club v. U. S. Army Corps of Engineers, 981 F.3d 251 (4th Cir. 2020). “The WVDEP then requested the Army Corps to “incorporate this modification into its NWPs for West Virginia, in accordance with 40 C.F.R. § 121.2 (b).” Pet’rs’ Mot. Stay, Ex.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.