Last week, the Environmental Protection Agency (EPA) announced that it would revise a rule implemented by the Trump Administration that rolled back a state’s power to limit or reject projects that may pollute its lakes, rivers, and other navigable waters. Specifically, the previous administration’s guidance would limit the role of states in implementing water quality standards under Section 401 of the Clean Water Act, arguing that too many states had been using clean water laws to prevent projects from going forward. In July 2020, California and 20 other states filed a lawsuit challenging the rule. Under last week’s reversal from the Biden Administrations’ EPA, the agency said that it intended to “strengthen the authority of states and Tribes to protect their vital water resources” while also “retaining elements that support efficient and effective implementation of Section 401.” Any changes that the EPA makes to the rule will have to go through a public comment period before being finalized.
