Memo: Effect of SWANCC vs. United States on the 401 certification program

This memorandum has been prepared to explain the effect of the recent US Supreme Court decision of Solid Waste Association of Northern Cook Counties v. United States Corps of Engineers (hereinafter “SWANCC”), which was issued on January 9th. The memo is intended to address the impact of the decision on the 401 program (33 U.S.C. § 1341), and to indicate alternative regulatory avenues available to the Regional Boards for waters that are no longer covered by section 404/401 jurisdiction.