Category: Section 401

Biden Administration to Reverse Trump-Era Water Rule That Kept States from Blocking Energy Projects

The Biden administration has proposed a new rule that would give states more power to oppose energy projects and other infrastructure through control of water quality permits, rolling back a Trump-era regulation that made it harder for such projects to be blocked. The Environmental Protection Agency (EPA) said on June 2 that it has put…


Supreme Court Restores Trump-Era Water Rule

In a 5-4 decision, the Supreme Court of the United States (SCOTUS) vacated a district court’s decision to strike down the Trump-era Section 401 Certification rule for the Clean Water Act (CWA), thereby reinstating it. The decision granted an emergency stay, responding to an application filed March 21 by a group of states and energy…