EPA Plans To Seek Remand Of CWA 401 Rule But Faces Likely Opposition

EPA plans to ask three federal district courts to remand without vacatur a Trump-era rule that narrowed how states evaluate whether federal permits protect state water quality standards, a move that has support from the rule’s proponents but is expected to face opposition from environmental groups and Democratic state attorneys general (AGs). “EPA’s position is that ‘[a] federal agency may request remand in order to reconsider its initial action.’ Accordingly, EPA plans to move this Court for remand of the...