The new rule gives local regulators more power to ensure they have the information they need before facing deadline pressure to issue or deny a permit, the EPA said.Įnvironmental groups said the new rule will make it easier for states and tribes to review projects that could harm water quality. The EPA has said states should have authority to look beyond pollution directly discharged into waterways and “holistically evaluate” the impact of a project on local water quality. The rule allows states and tribes to work with federal agencies to determine the time frame for review - up to a maximum of one year - but provides a six-month default deadline if local authorities and the federal agency do not agree on a timeline. The rule announced Thursday will shift power back to states, tribes and territories.ĮPA Administrator Michael Regan said in a statement that the new rule affirms the authority of states, territories and tribes “to protect precious water resources while advancing federally permitted projects in a transparent, timely and predictable way.”
READ MORE: 15 Native American tribes to receive $580 million in federal money for water rights settlement The Trump administration sought to streamline fossil fuel development and made it harder for local officials to block projects. The federal Clean Water Act allows states and tribes to review what effect pipelines, dams and some other federally regulated projects might have on water quality within their borders. The rule defining “Waters of the United States” marks a policy shift that departs from a half-century of federal rules governing the nation’s waterways. In a separate action last month, the Biden administration weakened regulations protecting millions of acres of wetlands, saying it had no choice after the high court ruling. The administration will work closely with states, tribes and territories on implementing the rule, “but again, what is jurisdictional and not jurisdictional is determined by these very case-specific reviews” by the Corps, she said. But she said the Sackett case “does limit pretty significantly the number of the waters that we expect to be (under federal jurisdiction) when those determinations are made” by the Army Corps of Engineers. Environmental advocates said the May decision would strip protections from tens of millions of acres of wetlands.įox declined to offer a specific number of waterways that would no longer be protected. EPA, sharply limited the federal government’s jurisdiction over wetlands, requiring that wetlands be more clearly connected to other waters such as oceans and rivers. That ruling, in a case known as Sackett v. “It’s going to allow us to balance the Biden administration goals of protecting our water resources and also supporting all kinds of infrastructure projects that this nation so desperately needs.”īut Fox acknowledged at a briefing that the water rule will be significantly slimmed down from an earlier proposal because of a Supreme Court ruling that weakened regulations protecting millions of acres of wetlands. “We actually think this is going to be great for the country,” said Radhika Fox, assistant administrator for water. READ MORE: The Supreme Court just narrowed protection for wetlands, leaving many valuable ecosystems at risk The Environmental Protection Agency says the new regulation will empower local authorities to protect rivers and streams while supporting infrastructure projects that create jobs. The rule, which takes effect in November, reverses a Trump-era action that limited the ability of states and tribes to review pipelines, dams and other federally regulated projects within their borders. WASHINGTON (AP) - States and Native American tribes will have greater authority to block energy projects such as natural gas pipelines that could pollute rivers and streams under a final rule issued Thursday by the Biden administration.
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