EPA Proposes Changes to Limit States’ Ability to Block Pipelines

Last week, the EPA proposed a new rule (copy below) to restrict states' and Native American tribes' ability to block major projects, such as pipelines and data centers, by abusing the Clean Water Act. By narrowing Section 401 reviews to focus solely on direct water pollution, the Trump administration seeks to accelerate fossil fuel infrastructure and AI development through increased regulatory predictability. This move reverses Biden-era policies that allowed for never-ending environmental evaluations. While administration officials argue these constraints prevent unnecessary delays, environmental radicals contend the proposal undermines local authority to protect drinking water and ecosystems. A final rule is expected this spring.

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