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States, Groups Urge Judge to Reopen Trump Water Rule Dispute

June 8, 2022, 5:47 PM

States, tribes, and environmental groups should proceed with their challenge to a Trump-era rule that revoked states’ and tribes’ ability to reject water polluting projects while the Biden administration works on a replacement, they told a California federal court.

The US District Court for the Northern District of California tossed the Clean Water Act Section 401 Certification Rule in 2021 when it granted the EPA’s request to take another look. This action was undone in April when the US Supreme Court put the lower court’s ruling on hold.

The high court’s order leaves the plaintiffs “subject to a rule they ...