EPA Proposes To Narrow Scope Of States’ CWA Section 401 Reviews

August 9, 2019
EPA in a new interpretation of the Clean Water Act (CWA) is proposing to significantly narrow the actions states can consider when determining whether a federally permitted project will violate water quality standards, seeking to eliminate powers that allow states to consider a project’s “activities” while allowing them to consider only its “discharges." In a new analysis included in its proposed rule released Aug. 9, EPA acknowledges this runs counter to Supreme Court precedent but argues it is an equally...

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