Democratic attomeys general (AGs) from 14 states are urging EPA to withdraw a controversial guidance on how states can place water quality conditions on federally approved permits, arguing the guidance is contrary to the Clean Water Act (CWA) and case law and vowing to adhere instead to existing, binding requirements. "The Guidance undermines the cooperative federalism framework of the Clean Water Act and directly contradicts both the language and intent of the statute as well as appli-cable case law; and is without legal effect," the AGs say in July 25 comments. "To avoid confusion and unnecessary litigation, we respectfully request that EPA withdraw the Guidance and formally reinstate EPA's prior Section 401 guidance that was rescinded on June 7, 2019."
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