Photo of Shawn Zovod

Shawn Zovod

Subscribe to Shawn Zovod's Posts

Shawn’s practice focuses on sophisticated environmental and natural resources law and strategy, with deep experience in the Clean Water Act (CWA), Endangered Species Act (ESA), Marine Mammal Protection Act (MMPA), and National Historic Preservation Act (NHPA), and their California counterparts, the Porter-Cologne Water Quality Control Act, California ESA, and Lake and Streambed Alteration program. She is well versed in the preparation of environmental documents under the National Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA), and advises clients on Environmental, Social and Governance and climate-related reporting.

Follow:Read more about Shawn ZovodShawn's Linkedin Profile

On January 15, 2026, the Environmental Protection Agency (EPA) published the long-awaited proposed rule Updating the Water Quality Certification Regulations (Proposed Rule), which, if adopted, would largely reinstate the previous Trump administration’s 2020 Clean Water Act Section 401 Certification Rule (2020 Rule). EPA’s proposal seeks to limit the scope of state-issued water quality certifications (WQCs) under Section 401 of the Clean Water Act (CWA) to water quality impacts associated with discharges authorized by federal agency actions. The Proposed Rule also addresses concerns raised by applicants for federal licenses and permits (including for hydroelectric projects, natural gas pipelines, and other energy and infrastructure projects) that certain states have overstepped their Section 401 authority to impose onerous terms and conditions unrelated to water quality and artificially extended the statutory time limits for issuing WQCs.