States Fault Premise, Process For EPA Plan To Change CWA 401 Policy

Democratic attorneys general (AGs) from 16 states, along with two national organizations representing state water regulators, are urging EPA to refrain from scaling back the scope of states’ review authority under section 401 of the Clean Water Act (CWA), saying the agency has failed to show changes are needed and failed to properly engage with states. “We urge EPA not to weaken its existing guidance and regulations,” the AGs write in May 24 comments. “Section 401 explicitly preserves states’ independent...