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Trump-Era Water Rule to Remain in Place Pending EPA Review (1)

Aug. 3, 2021, 12:59 PM; Updated: Aug. 3, 2021, 1:43 PM

A Trump-era rule that limited the power of states and tribes to reject projects that could pollute waters will remain in place pending the EPA’s review, a South Carolina federal court ruled.

The Environmental Protection Agency told the U.S. District Court for the District of South Carolina that it had “substantial concerns” with the existing 2020 Clean Water Act Section 401 Certification Rule.

One concern is that the rule’s narrow scope of certification and conditions may prevent states and tribes from adequately protecting their water quality, the agency told the court in July. The rule’s ban on modifications may also ...

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