EPA makes it harder for states, tribes to block pipelines

"Kramer, from the EPA, said the proposed rule is intended to curb what the agency views as misuse of Section 401 by some states to block projects for reasons unrelated to water quality. Kramer said the changes would ensure that section 401 "is not weaponized by states to shut down projects for political purposes, as opposed to protecting water quality.""

"In 2017, Washington Gov. Jay Inslee and the state's Department of Ecology relied on Section 401 to reject a critical water-quality certification for a proposed coal export terminal in Longview. State officials concluded the project would cause significant environmental harm that could not be mitigated. Courts later upheld the decision, and the ruling ultimately brought the project to an end."

EPA proposes a rule to limit state use of Clean Water Act Section 401 to prevent states from blocking projects for reasons unrelated to water quality. The agency contends changes would stop Section 401 from being used to shut down projects for political purposes rather than to protect water quality. State officials in Democratic-led states have recently used Section 401 to deny or condition permits, including a 2017 rejection of a coal export terminal in Longview and a 2020 denial of a natural gas pipeline permit in New York. EPA held public webinars where speakers warned that a new rule could weaken State and Tribal authority and harm public health and local economies. The agency plans a 30-day public comment period.

Read at Ars Technica