EPA Proposal Would Block State & Tribal Action To Oppose Pipelines And Data Centers That Threaten Water Quality

[hatrack]

The Trump Administration on Tuesday proposed a new rule aimed at speeding up and streamlining the permitting process for large energy and infrastructure projects, including oil and gas pipelines and facilities tied to artificial intelligence. The rule, which does not require action by Congress, includes a suite of procedural changes to section 401 of the Clean Water Act—a law enacted in the 1970s that is the primary federal statute governing water pollution in the United States.

For decades, section 401 has granted states and tribes the authority to approve, impose conditions on, or reject, federal permits for projects that they determine will pollute or damage local waterways. Now, the Trump administration aims to scale back that authority in order to expedite projects and “unleash energy dominance,” said Jess Kramer, EPA assistant administrator for water, in a press briefing. “This proposed rule is the next step in ensuring that states and tribes only utilize section 401 for its statutory purpose to protect water quality and not as a weapon to shut down projects.”

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That shift could weaken oversight of projects such as dams, she said, noting that water released from a dam may meet quality standards while the structure itself blocks fish migration and disrupts river flows—impacts the Supreme Court has previously ruled that states may consider when making certification decisions.

Stoner also warned the proposal would further limit state authority to waters still covered by the Clean Water Act, a shrinking category after the Supreme Court’s 2023 Sackett decision and later efforts by EPA and the Army Corps to narrow which waterways qualify for federal protection. As a result, states could lose the ability to use Section 401 to protect many smaller streams, wetlands and headwaters within their borders, leaving state regulators powerless to block, or place conditions on, federally permitted projects that could damage those waters, even if they are vital to local drinking water supplies, fisheries, recreation or flood control.

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https://insideclimatenews.org/news/14012026/epa-proposal-streamlines-oil-gas-infrastructure-approval/

[sinkingfeeling]

1. The destruction of the country will continue.