On September 7, 2025, WSWC sent a letter to EPA to engage in the federalism consultation triggered by the establishment of the public docket on Implementation Challenges Associated with Clean Water Act (CWA) §401. WSWC referenced the policies in Position #521, including lands of exclusive federal jurisdiction and reopener clauses, and emphasized State authority under the CWA. The letter expressed concerns due to frequent regulatory changes. It noted WSWC’s support of infrastructure and energy development, as well as streamlining permitting processes, while respecting State authority to manage and protect their water resources. The letter urged meaningful engagement with States on these issues and stated: “As EPA considers feedback, we urge the agency to engage meaningfully with individual states as co-regulators, to cooperatively assess the implementability of the 2023 CWA Section 401 Water Quality Certification Improvement Rule (2023 Rule) and the needs of state regulators moving forward. Should the Administrator determine to promulgate a policy change to the operating rule, changes should materially reflect these discussions.”
WSWC Letter to EPA Regarding §401 Certification Implementation Federalism Consultation