EPA Limits States' CWA 401 Powers, Timelines In Revised Guidance

摘要

Over strenuous objection of states, EPA has issued new guidance limiting states' powers to review federally approved permits under section 401 of the Clean Water Act (CWA), setting tight timelines for completing the reviews and warning officials against blocking or restricting projects for any reason other than its direct water quality impacts. The June 7 guidance reinterprets implementing rules that date to 1971, in response to concerns from GOP officials and industry that Democratic states are using section 401 - which generally provides states with authority to review federally approved projects to ensure they will not harm water quality - to block fossil fuel pipelines and export terminals over concerns that the fuels will contribute to climate change. The non-binding guide - required by an executive order (EO) that President Donald Trump signed on April 10 - is the first part of a two-step process that also includes a rulemaking expected by Aug. 7.