B&D Of Counsel Eric Christensen (Seattle) and Of Counsel Allyn Stern (Seattle) will present "401 Certification – The State of the Law" as part of the Rocky Mountain Mineral Law Foundation Conference. They will discuss the Clean Water Act (CWA) and the Commerce Clause as tested by Section 401, which prevents a federal agency from issuing a permit or license unless a state or authorized tribe issues or waives a water quality certification. This presentation will examine the issues surrounding Section 401 certification and provide an update on agency and judicial actions that attempt to define the boundaries of state authority to grant, deny, or condition Section 401 certification.

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