The Environmental Protection Agency on Tuesday proposed limiting states’ and authorized tribes’ use of Section 401 of the Clean Water Act to block federally regulated projects, including natural gas pipelines and data centers. The rule would narrow reviews to direct discharges, impose clearer submission requirements and strict deadlines, and echoes the Trump administration's earlier approach. A final rule is expected in spring after a public comment period.
Key Points
- 1Limits states' and authorized tribes' Section 401 reviews for federally regulated projects like pipelines and data centers.
- 2Aims to reduce project delays by tightening submission requirements and imposing strict review deadlines.
- 3Requires practitioners to meet clearer filing standards, shortening permitting timelines for energy and data center development.
Scoring Rationale
Official EPA proposal increases permitting predictability nationwide, but mirrors prior rules and mainly affects regulatory process.
Sources
Public references used for this report.
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