States Tell Court EPA Gutted Their Clean Water Act Powers

Law360 (July 21, 2020, 7:54 PM EDT) -- Attorneys general from California, New York and other states on Tuesday asked a federal judge to strike down the U.S. Environmental Protection Agency's rule limiting the authority of states and tribes to block pipelines and other projects over Clean Water Act concerns.

The attorneys general say that the EPA's June move runs counter to long-standing agency regulations and guidance that recognized states' and tribes' "broad authority" under Section 401 of the Clean Water Act to approve, deny or place conditions on federally permitted or licensed projects in their jurisdictions. The new rule also violates U.S. Supreme Court and appellate court rulings...

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