9th Circuit Rules Trump Rework of Clean Water Act Still Valid

In April 2019, President Trump signed an Executive Order (EO) 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). In keeping with the EO, the EPA issued a draft new rule in August 2019 tightening up standards used in Section 401, creating new boundaries so states like New York and Washington could not continue to “color outside the lines” by rejecting pipelines for political reasons, as they have both done (see EPA Issues Proposed New Rule for Section 401 Water Permit). A final version of the new rule was eventually adopted. A plethora of Big Green groups filed a lawsuit challenging the new rule. In October 2021, a San Francisco Democrat judge appointed by Bill Clinton vacated the Trump EPA modifications (see Fed Judge Rules States Can Take Years to Issue 401 Water Permits). But that's not the end of the story...

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