EPA Proposal Would Curb States’ and Tribes’ Clean Water Act Oversight
Planned rule attacks experts’ role in reviewing pipelines, hydropower dams, and other federally permitted projects.
WASHINGTON, D.C. — The U.S. Environmental Protection Agency (EPA) announced a proposed rule today to restrict the authority of states and Tribes to ensure that federally permitted projects such as oil and gas pipelines and hydropower dams do not undermine water quality. The proposal would make it harder for states and Tribes to deny or modify projects that pollute or degrade rivers, wetlands, and drinking water sources.
The following is a reaction from Jon Devine, senior attorney and director of freshwater ecosystems at NRDC (Natural Resources Defense Council):
“The Clean Water Act empowers states and Tribes to stop or fix projects that would foul their waters. The EPA's proposal would weaken the law to fast-track pipelines and other polluting projects, leaving it to people downstream to pay the price without input in the process. Instead of sidelining experts, the agency should abandon its latest attack on our waterways, follow the Clean Water Act, and let communities keep their rivers, lakes, and drinking water supplies safe.”
Background
- What does the proposal do? This proposed rule would dramatically curtail state and Tribal authority under section 401 of the Clean Water Act.
- What Section 401 does: Before a federal license or permit is issued for a project that may discharge into protected waters, the project developer must obtain “certification” from the relevant state or authorized Tribe that the project will comply with water quality requirements. Certifying authorities can certify the project as proposed, impose conditions on the federal permit, deny certification, or waive it.
- Practical effect: Among other things, the proposal would greatly limit the authority of states and Tribes to look at the whole proposed project and force them to ignore project‑related pollution risks that threaten downstream communities and ecosystems.
NRDC (Natural Resources Defense Council) is an international nonprofit environmental organization with more than 3 million members and online activists. Established in 1970, NRDC uses science, policy, law and people power to confront the climate crisis, protect public health and safeguard nature. NRDC has offices in New York City, Washington, D.C., Los Angeles, San Francisco, Chicago, Beijing and Delhi (an office of NRDC India Pvt. Ltd).