States, Industry Ask Court To Block 401 Rule, Citing ‘Retroactive Application’

A coalition of 11 Republican-led states and three energy-industry groups is asking a federal court to vacate the Biden EPA’s Clean Water Act (CWA) section 401 water quality certification rule, charging that it is unlawful while also seeking to block its “retroactive application” to pending certification requests. Plaintiffs filed a Dec. 4 complaint to the U.S. District Court for the Western District of Louisiana in the suit State of Louisiana, et al., v. EPA, et al. , charging that the...