New EPA “Guidance” Overrides States re Issuing Pipe Permits

That didn’t take long. Barely two months ago President Trump signed an Executive Order instructing the Environmental Protection Agency to review Section 401 of the Clean Water Act–the section that grants states (and tribes) the right to have a say in pipeline projects (see Trump Signs Executive Order Making it Harder to Block Pipes). While a comprehensive review is under way as part of the order, late last week EPA issued new guidance about Section 401 which says, among other things, EPA itself can go ahead and issue 401 permits even if a state (like New York) refuses to do so.

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