Biden administration restores the power of states and tribes to review projects to protect waterways

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States and Native American tribes will have greater authority to block energy projects such as natural gas pipelines that could pollute rivers and streams under a final rule issued Thursday by the Biden administration.

The federal Clean Water Act allows states and tribes to review what effect pipelines, dams and some other federally regulated projects might have on water quality within their borders. The Trump administration sought to streamline fossil fuel development and made it harder for local officials to block projects.

The EPA has said states should have authority to look beyond pollution directly discharged into waterways and “holistically evaluate” the impact of a project on local water quality. The new rule gives local regulators more power to ensure they have the information they need before facing deadline pressure to issue or deny a permit, the EPA said.

Former President Donald Trump had argued that states were improperly wielding the Clean Water Act to block needed fossil fuel projects. In 2020, EPA officials said the Clean Water Act shouldn’t be used to hold infrastructure projects hostage and finalized its rule that curtailed state and tribal power.Supreme Court later reinstated it

 

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