EPA Warns States Against Using Clean Water Act as ‘Weapon’ (1)

States can’t veto fossil fuel projects under the Clean Water Act if they simply object to the project without having water quality concerns, the EPA said in a memo published Thursday.

The Environmental Protection Agency’s memo seeks to block states from canceling fossil fuels projects under a Biden administration rule that implements Clean Water Act Section 401, which allows states to certify interstate projects that cross their borders.

Peggy Browne, the EPA’s acting assistant administrator, wrote in the memo that the document isn’t legally binding and is not a new regulation. But the EPA may consider issuing new guidance or ...