Trump executive order will aim to prevent states from blocking pipelines, energy infrastructure [View all]

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Some states are using authority under the Clean Water Act to block fossil fuel pipelines and infrastructure.

President Donald Trump will sign an executive order that seeks to limit states’ ability to delay construction.

The same executive order contains several other provisions to promote energy infrastructure development.


President Donald Trump will issue an executive order that aims to prevent states from blocking pipelines and other energy infrastructure by using authority granted to them under the Clean Water Act.

Senior administration officials on Tuesday previewed the action and several others, which are contained in two executive orders that Trump will sign during a trip to Texas on Wednesday. They are the latest in a series of executive orders by Trump meant to roll back energy regulations and promote fossil fuel development.

The new executive order represents a shot from the White House in the ongoing battle between beltway Republicans and Democratic governors opposed to fossil fuel developments in their states. It has been anticipated for nearly three months and is expected to be challenged in court.

The state powers are laid out in federal law, and a presidential order cannot override them, some lawyers and energy analysts have said.

Under Section 401 of the Clean Water Act, companies must obtain certifications from the state before they can build federally-approved infrastructure, like pipelines, within that state’s borders.

States can refuse to issue the certifications if they determine the project will have a negative impact on water quality within their jurisdiction, even if the project has gotten the green light from the Federal Energy Regulatory Commission, the independent panel that regulates interstate pipelines and transmission lines.


Read more: https://www.cnbc.com/2019/04/10/trump-aims-to-prevent-states-from-blocking-pipelines-infrastructure.html