Judge Remands Trump-Era CWA Section 401 Rule To EPA Without Vacatur

August 3, 2021
A federal judge in South Carolina has granted EPA’s request to remand without vacatur the Trump-era Clean Water Act (CWA) rule that narrowed how states evaluate whether federal permits protect state water quality standards, a decision that will likely ease the Biden administration’s efforts to overhaul the measure. In a brief Aug. 2 order in South Carolina Coastal Conservation League (SCCCL), et al. v. EPA , Judge Bruce Howe Hendricks of the U.S. District Court for the District of South...

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