SCOTUS Reinstates Trump-Era Environmental Certification Rule
The U.S. Supreme Court on April 6 reinstated a Trump-era environmental rule that limited state and tribal roles in enforcing a section of the Clean Water Act (CWA) related to project certification. The order is a temporary triumph for eight states and three energy trade associations, including the National Hydropower Association (NHA).
The high court’s order in Louisiana et al. v. American Rivers et al. reinstates a Clean Water Act Section 401 Certification Rule, which the Environmental Protection Agency (EPA) finalized in July 2020 (and which became effective in September 2020) to address potential delays in certifications and project development that resulted in protracted litigation involving state and tribal reviews under Section 401 of the Clean Water Act (CWA).
The Supreme Court acted on an application filed on March 21 by eight states—Arkansas, Louisiana, Mississippi, Missouri, Montana, West Virginia, Wyoming, and Texas—and three industry groups—NHA, American Petroleum Institute, and the Interstate Natural Gas Association of America—that asked the high court to stay an October 2021 order from the U.S.…