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EPA Reversing Trump Will Restore States’ Power to Block Pipelines


WASHINGTON — The Biden administration on Thursday will restore the power to veto gas pipelines, coal terminals and other energy projects to states and tribes if they pollute local rivers and streams, and reverse the Trump-era rule that restricted that power.

For 50 years, the Clean Water Act has given states and tribes the ability to review federal permits for industrial facilities and block projects that could dump pollution into local waterways. Without their certification, the federal government cannot approve a project.

Environmental Protection Agency director Michael S. Regan said the agency proposes a rule that “builds on this foundation by empowering states, regions, and tribes to use the mandate given by Congress to protect precious water resources while supporting much-needed infrastructure projects that create jobs and support our economy.” ”

Mr Regan said in a statement that water resources are “essential for thriving communities, vibrant ecosystems and sustainable economic growth.”

Some states have used their powers under the Clean Water Act to halt or delay fossil fuel projects. In 2017, Washington Governor Jay Inslee refused to confirm A federal water permit for a coal export facility on the Columbia River that refers to significant leakage risks as well as air quality impacts. In 2020, Andrew Cuomo, who was the governor of New York at the time, was denied a residence permit. a pipeline would ship natural gas from Pennsylvania to his home state, as the project failed to “show” that it met water quality standards.

In 2020, the Trump administration implemented rule to restrict this review power and to limit the amount of time states and tribes can grant or deny permits. Trump officials have argued that Democratic states conduct climate policy under the guise of a law with a fundamentally different purpose. They said they wanted to prevent the abuse of the law holding “hostage” fossil fuel projects.

Environmental groups and Democratic lawmakers have accused the Trump administration of fast-tracking major energy projects by promoting the oil and gas industry.

“The rule has been in effect since 1971, and the Trump administration has taken action to undo it, by restricting the ability of projects to challenge their environmental impact,” said Richard L. Revesz, a professor of environmental law at New York University.

The changes proposed by the Biden administration will essentially restore conditions that existed before the Trump presidency.

They come as Mr Biden urges the oil and gas industry to ramp up production to ease high prices at the pump. Energy trading groups said they were concerned that the new regulation could hamper the infrastructure they believe is necessary to meet demand.

Mr Revesz said he does not believe the Biden administration’s actions will affect prices at the pump because the Trump administration’s limits will likely remain in effect next year until the Biden rule is finalized.

“Keeping the Trump rule in place will not keep gas prices low, and removing the Trump rule will not increase gas prices,” he said.

Republicans have criticized the Biden administration’s plans for adding unnecessary bureaucracy and allowing fossil fuel opponents to create barriers to oil and gas projects.

“Getting permits and permits for a pipeline shouldn’t take any longer than building it,” Karen Herbert, president of the American Gas Association, said on Wednesday. He said companies were “concerned that the proposed rule would deviate from the intent that Congress had when writing the Clean Water Act, and would allow some states to delay and increase costs for basic energy infrastructure.”

Julia Anastasio, executive director of the Clean Water Administrators Association, which represents water permit administrators in all 50 states, said the rejection of the Washington State coal terminal and gas pipeline in New York did not constitute a larger trend.

While these cases were “poster children” for fossil fuel industry supporters, Ms Anastasio said, “There was really no problem there. The states were doing their job and doing it well.”

He said the Clean Water Act provision may need to be tweaked, but the Trump-era changes went too far. Ms. Anastasio said the right to inspect projects that pass through local waterways is “a clear mandate by Congress given to the states.”

The proposed rule must go through a 60-day public comment and review process before it can be finalized.



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