The EPA is seeking to restore greater state and tribal authority to evaluate the impacts of proposed infrastructure projects under Sec. 401 of the Clean Water Act. While not explicitly targeting fossil fuel projects, the proposed rule would give states and tribes broader authority to deny permits to methane-based gas pipelines, coal export terminals, and other projects that threaten to pollute or harm waterways within their jurisdiction. The proposed rule would reverse a major weakening of state and tribal environmental protection authority by the previous administration. For the first time, the Clean Water Act review process would also allow for state and tribal input on the definition of a “reasonable time” in which a review must be conducted. (Washington Post $, AP, E&E News, New York Times $, The Guardian, Axios, The Hill, Politico Pro $, Reuters)
