EPA Limits On States' Project Reviews Likely To Face Lawsuits

Law360 (June 29, 2020, 4:00 PM EDT) -- On June 1, the U.S. Environmental Protection Agency announced that it had enacted a rule to limit states' ability to block the construction of energy infrastructure projects. The new rule deals with Section 401 of the Clean Water Act, pursuant to which activities that "may result in any discharge into the navigable waters" of the U.S. must first seek water quality certifications from the local certifying authority.

Under the new rule, first proposed in August 2019, the EPA will alter Section 401 of the U.S. Clean Water Act to make it impossible for a state to block a water permit for...

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