Environment & Energy Report

Supreme Court Won’t Review States’ Rights for Water Permits (1)

Dec. 9, 2019, 2:38 PMUpdated: Dec. 9, 2019, 4:59 PM

The Supreme Court won’t review a long-running legal debate over the extent of states’ water permitting authority for major pipelines, hydroelectric dams, and other projects.

The justices on Dec. 9 declined to take up California Trout v. Hoopa Valley Tribe, a case focused on Section 401 of the Clean Water Act, which calls on states to ensure that proposals that require federal permits meet water quality standards within their borders.

The court also said that Justice Brett Kavanaugh didn’t take part in the decision on the petition. Kavanaugh ruled on several motions in this case when he...

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