Industry, GOP States Appeal Vacatur Of Trump-Era CWA Section 401 Rule

November 22, 2021
The oil and gas industry, hydropower producers and several GOP states have appealed a federal judge’s vacatur of the Trump-era rule that narrowed when states could require additional water quality protections for federally issued permits under Clean Water Act (CWA) section 401, with the fossil energy sector seeking to stay the vacatur pending appeal. The vacatur order “is an extraordinary overreach that should be stayed pending appeal,” the American Petroleum Institute (API) and Interstate Natural Gas Association of America (INGAA)...

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