Judge Remands Trump-Era CWA Section 401 Rule To EPA Without Vacatur

摘要

A federal judge in South Carolina has granted EPA's request to remand without vacatur the Trump-era Clean Water Act (CWA) rule that narrowed how states evaluate whether federal permits protect state water quality standards, a decision that will likely ease the Biden administration's efforts to overhaul the measure.In a brief Aug. 2 order in South Carolina Coastal Conservation League (SCCCL), et al. v. EPA, Judge Bruce Howe Hendricks of the U.S. District Court for the District of South Carolina rejected without comment environmentalists' push to also vacate the rule."Having considered the EPA's motion and Plaintiffs' response in opposition, and otherwise being sufficiently advised, the Court hereby GRANTS the EPA's motion," writes."It is therefore ORDERED that the Certification Rule is remanded to EPA without vacatur. All other pending motions are hereby denied as moot and this action is dismissed, with all parties to bear their own attorneys' fees and costs," the order continues.