EPA TO EMPOWER STATES, TRIBES ON PIPELINES
Trump-era rule reined in ability to oppose proposals
The Environmental Protection Agency announced on Thursday it would seek to return authority to states to oppose gas pipelines, coal terminals and other projects that pose a threat to lakes, rivers and streams — reversing a major Trump administration rule.
For half a century, states under the Clean Water Act had broad authority to alter or even block many energy projects and other infrastructure that threatened to pollute or harm waterways within their borders. But in 2020, President Donald Trump issued a regulation reining in that power.
Now, the EPA is seeking to restore states’ authority,
making it easier for local officials, including Native American tribes, to scrutinize proposals to build many highways, hydroelectric dams, shopping malls, housing developments and even wineries and breweries.
“For 50 years, the Clean Water Act has protected water resources that are essential
to thriving communities, vibrant ecosystems, and sustainable economic growth,” EPA Administrator Michael Regan said in a statement. “EPA’s proposed rule builds on this foundation.”
Although the proposed rule does not explicitly target fossil-fuel infrastructure, Democrats may seek to invoke it to reduce emissions contributing to global warming. New York, for instance, once used its power under the Clean Water Act to nix a gas pipeline that it said was “inconsistent” with the state’s climate goals.
Under the Clean Water Act, the federal government cannot issue a permit for projects that may harm protected waterways without getting permission from states, territories or tribes. The new rule will give local officials more time and leeway when making those decisions.
The agency officials will take public comment on the proposal over the next 60 days, with plans to revise and finalize the rule after getting that feedback by the spring of next year.
The reversal will be among the latest of dozens of Trump environmental policies that President Biden’s team has overturned.