The WGA-led coalition outreach on Feb. 20, 2019 is in response to “reports of efforts within (EPA and USACE) to develop rules, guidance, or policies that would modify state water certification processes under Section 401.” The coalition asserts that “curtailing or reducing state authority under CWA Section 401, or the vital role of states in maintaining water quality within their boundaries, would inflict serious harm to the division of state and federal authorities established by Congress.”

Further, “Any regulatory change to the Section 401 permitting process must not come at the expense of state authority and – regardless of whether promulgated through Administrative Procedure Act rulemaking or otherwise – federal action should be informed by early, meaningful, substantive, and ongoing consultation with state officials (and) … We stand ready to be helpful in that regard.”

The outreach includes recommendations for “potential process reforms that would reduce the instances of certification delays or denials, while preserving the balance of state and federal powers in the implementation of the CWA.” The recommendations also emphasize early coordination and communication between applicants and state and federal officials in the certification process.

The coalition letter was signed by: James D. Ogsbury, Executive Director, Western Governors’ Association; William T. Pound, Executive Director, National Conference of State Legislatures; Julia Anastasio, Executive Director and General Counsel, Association of Clean Water Administrators; Marla Stelk, Executive Director, Association of State Wetland Managers; Representative Kimberly Dudik, Chair, Council of State Governments – West; and Tony Willardson, Executive Director, Western States Water Council.

Read, download the Letter and Recommendations

Get the latest news about the West and its governors by following the Western Governors' Association on Twitter, Facebook and LinkedIn.