Trump-Era Clean Water Rule Hit With Death Blow

By Victoria McKenzie (October 22, 2021, 8:10 PM EDT) -- A California judge delivered a mortal blow to a Trump-era Environmental Protection Agency rule that had restricted state and tribal authority to deny permits under the Clean Water Act, saying that the EPA and intervening oil and gas industry interests all "failed to persuade" him against vacatur.

In an order issued Thursday, U.S. District Judge William Alsup remanded the revised Section 401 certification rule back to the EPA and vacated it, finding that the agency did not adequately explain "how it could so radically depart from what the Supreme Court dubbed the most reasonable interpretation of the statute" under the 1994...

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