Analysis

3 Takeaways From The EPA's New Water Permit Rule

Law360 (June 2, 2020, 9:56 PM EDT) -- The U.S. Environmental Protection Agency this week ended years of deference to state and tribal governments to enforce Clean Water Act requirements on pipeline projects that cut through their jurisdictions, in a bid to deliver more regulatory certainty to developers, but the landmark change is far from cemented as it likely will face tough challenges in court.

The new rule finalized Monday narrows states' and tribes' ability to scuttle projects by imposing unforgiving time limits on the processing of Clean Water Act permits and reducing the number of reasons available to deny them, among other things. With it, the agency transferred...

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