EPA Seeks To Undermine High Court Precedent In Water Rule

Law360 (August 12, 2019, 10:00 PM EDT) -- The Trump administration's deregulatory push has largely focused on rolling back Obama-era policies, but the U.S. Environmental Protection Agency's recent proposal to restrict states' and tribes' authority to block projects over water concerns takes aim at the U.S. Supreme Court's decades-old ruling granting broad leeway to those governments.

Under the EPA's proposed rule, released Friday, states' and tribes' authority to block projects like pipelines, export terminals and dams would be drastically reduced. In addition, federal agencies like the U.S. Army Corps of Engineers and the Federal Energy Regulatory Commission would get significant new authority to impose tight deadlines on states and...

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