EPA Rule for State Water Pollution Authority Destined for Court

An EPA rule finalized last week that restores states’ veto power over pipelines and other major river-polluting projects is expected to face legal challenges before the dust settles, natural resources attorneys say.

“EPA’s water quality certification rule is most certainly heading to court,” said Jeff Porter, chair of the environmental law practice at Mintz, Levin, Cohn, Ferris, Glovsky and Popeo PC in Boston.

“EPA has not only reversed the Trump Administration EPA’s attempt to limit the roles of States and Tribes in Federal Clean Water Act permitting, it has gone a considerable distance in the other direction,” Porter said in ...