Protect Clean Water Act Section 401
California Sportfishing Protection Alliance (CSPA) advocates for the protection of water quality in California by campaigning to protect Clean Water Act Section 401 (Section 401). The federal Clean Water Act Section 401 places requirements on applicants for federal licenses or permits whose activities may cause a discharge into a state’s waters.
Such applicants must acquire a certification with the relevant state to prove that their activities will conform with state laws regarding water quality. For hydropower projects licensed by the Federal Energy Regulatory Commission (FERC), this means that issuance of a certification must occur before FERC can issue a new license for a hydropower project.
This is important because in California, the State Water Resources Control Board (State Board) generally applies environmental protections that are broader in scope and more stringent than the protections that FERC requires. To protect the state’s fisheries, CSPA defends Section 401 from attack.
Much of this defense is in the context of FERC relicensing of hydropower projects. At the federal level, Pacific Gas and Electric (PG&E) among others have pushed energy legislation that would allow FERC to reject a state’s decisions. Since FERC consistently makes less protective decisions about rivers affected by hydropower than the State Board, this would be a bad change in law.
CSPA’s campaign defends Section 401 from federal rollbacks and regulatory weakening. CSPA opposes attempts to limit the state’s ability to review water permits thoroughly and advocates for stronger state and federal enforcement of water quality standards.
CSPA takes legal action, engages in public policy advocacy, and works with other environmental organizations to ensure that Section 401 remains robust. This certification process is vital for maintaining clean, healthy rivers and fisheries, especially in light of large-scale projects like dams, pipelines, and mining operations that could harm aquatic ecosystems.
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Protect Clean Water Act Section 401