EPA Must Face Challenge To Water Permit Limitations

Law360 (December 21, 2020, 6:42 PM EST) -- The U.S. Environmental Protection Agency can't yet throw out a challenge to its rule that unraveled states' and tribes' authority to block pipeline projects under the Clean Water Act, a Pennsylvania federal judge held Friday.

U.S. District Judge Michael M. Baylson says the Delaware Riverkeeper Network has shown enough evidence of standing and potential harm to keep alive its lawsuit seeking to undo an EPA regulation that reinterprets Section 401 of the Clean Water Act.

The nonprofit had claimed the new rule, which restricts the ways in which states and tribes can withhold certification of federal projects based on their effects...

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