Weekly Focus

States Fear EPA Rewrite Of Trump CWA 401 Rule Will Not Pass Court Muster

April 28, 2022
State officials say they are worried that the looming EPA proposal to strengthen a Trump-era Clean Water Act section 401 rule will not withstand legal scrutiny, given the Supreme Court’s recent decision to restore the 2020 rule, which narrowed states’ ability to include water quality protections in federal permits, while it is litigated. The high court’s April 6 split decision reviving the Trump-era 401 rule does not bode well for the Biden administration’s effort to issue a new rule governing...

Not a subscriber? Sign up for 30 days free access to exclusive environmental policy reporting.