EPA Water Rule Limiting State Veto Seen Inviting Legal Challenge

The EPA’s proposed rule limiting state veto power over water-polluting projects was shaped by several recent US Supreme Court rulings, and it represents a return to the first Trump administration’s approach to deregulation, environmental attorneys say.

But the proposal also counters earlier Supreme Court precedent, calling into question its durability if finalized in its current form, they say.

The Environmental Protection Agency on Tuesday unveiled a plan to update its Clean Water Act Section 401 state certification rule, restricting states’ ability to block large infrastructure projects based on broad water quality concerns. The proposal is expected to be published in ...