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 rule, which takes effect in November, reverses a Trump-era action that limited the ability of states and tribes to review pipelines, dams and other federally regulated projects within their borders. The Environmental Protection Agency says the new regulation will empower local authorities to protect rivers and streams while supporting infrastructure projects that create jobs.

Fox declined to offer a specific number of waterways that would no longer be protected. But she said the Sackett case “does limit pretty significantly the number of the waters that we expect to be when those determinations are made’' by the Army Corps of Engineers. 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.

Environmental groups said the new rule will make it easier for states and tribes to review projects that could harm water quality. Industry groups complained that a proposed rule issued last year could lead to unnecessary delays for a range of infrastructure projects, including pipelines, dams and bridges.

 

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