EPA Rule To Enshrine Treaty Rights In State WQS Faces ‘Federalism Issues’

December 5, 2022
A new EPA proposal to require states to consider tribal treaty rights in their Clean Water Act (CWA) water quality standards (WQS) is drawing early push-back from former Trump-era officials, who say the rule seems to implicate “quintessential federalism issues” that could provoke challenges from state governments. “EPA’s ability to override state standards based on tribal treaty rights raises what seem like quintessential federalism issues, and EPA’s proposed conclusion under the executive order is likely to be challenged by states...


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