EPA Moves to Limit State Authority in Reviewing Water Impacts of Major Developments

The Environmental Protection Agency on Jan. 13 proposed narrowing states’ and Native American tribes’ use of the Clean Water Act to block or impede projects such as natural gas pipelines, a step the agency said will speed up permitting for infrastructure vital to energy production and technological growth. The proposed regulation would revise a 2023 policy from the Biden administration that broadened local oversight under Section 401 of the act. That section requires states or tribes to certify that federal projects, such as natural gas pipelines or hydroelectric dams, comply with water quality standards before proceeding. The rule, finalized in 2023, empowered states and tribes to conduct comprehensive assessments, considering factors such as sediment runoff or chemical spills that might indirectly harm water bodies....