Last fall, the Trump administration introduced a significant policy for the Clean Water Act, aiming to redefine the Environmental Protection Agency’s (EPA) jurisdiction, with a goal to empower states and tribes. The revised definition for “waters of the United States” is still pending public comment as the administration considers further modifications.
The EPA is progressing with changes to Clean Water Act regulations, potentially limiting state and tribal control over waterways, particularly concerning major energy projects such as oil pipelines. The focus is on Section 401, which mandates water-quality certification from states or tribal lands for projects that may pollute navigable waters before federal permits are issued.
The administration asserts that “cooperative federalism” is central to EPA Administrator Lee Zeldin’s policy framework. Clear rules are essential to ensure states use Section 401 solely for water quality concerns. However, environmentalists argue this reduces environmental protections while restricting states’ powers to address water quality threats.
Pipeline and Export Battle Backlash
State challenges against fossil fuel infrastructure have influenced the administration’s efforts to curtail state and tribal actions. The proposed largest coal export terminal in North America was blocked in Washington when the state denied the project certification, leading to bankruptcy for the developer amid pandemic economic struggles.
The Mountain Valley Pipeline faced a decade of disputes over water quality permits before opening in 2024, after Congressional intervention. A survey found most permits are swiftly approved, with only a minority ever denied.
The Mountain Valley Pipeline exemplifies pro-development state’s use of Section 401. West Virginia imposed conditions on its water quality certification, requiring state oversight during construction. The Trump administration’s proposal focuses Section 401 reviews on “point source discharges,” narrowing state authority compared to past practices, a shift reversed by the Biden administration in 2023.
Many tribes lack the resources to manage full water quality standards programs. The Biden administration allowed broader tribal participation in Section 401 certification, but the Trump administration argues the EPA lacks the legal authority for such measures.
An EPA spokesperson emphasized the need for rules aligned with Congress’s authority to withstand legal challenges, asserting this enhances cooperative federalism by setting clear, defensible standards.
Constitution Pipeline Plan Under Scrutiny in New York
The new Section 401 rules are under final review, with discussions scheduled with water managers. Environmental groups have urged Congress to preserve state roles in federal permitting. The Williams Co.’s Constitution Pipeline, halted in 2020 due to New York’s environmental concerns, may test the EPA’s regulatory revisions.
New York’s Department of Conservation filed a formal objection to the pipeline, asserting its right under the Clean Water Act. While President Trump criticized the state’s opposition, the project’s fate may rely on EPA’s regulatory adjustments.
Original Story at insideclimatenews.org