GOP States, Industry Seek Vacatur of ‘Overbroad’ CWA 401 Certification Rule

June 3, 2024
A coalition of 11 Republican-led states and three energy-industry groups is urging a federal district court to vacate the Biden EPA’s Clean Water Act (CWA) section 401 water quality certification rule, renewing some previously unsuccessful arguments they made in a failed effort to preliminarily block the rule’s implementation. Plaintiffs filed a May 30 motion for summary judgment urging the U.S. District Court for the Western District of Louisiana to vacate the agency’s final 401 certification rule, warning that the rule...

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