US Supreme Court Reinstates Trump-Era Water Rule – Environment

In a recent 5-4 decision, U.S. Supreme Court suspended an order
Entered by the U.S. District Court of the Northern District of
California, and the revival of a Trump-era Section 401 certificate rule
This reduces the ability of states and tribes to block projects
By withholding their approval under Clean Water Act (CWA).
See Louisiana, et al. v. American Rivers, et al., No.
21A539, 596 U.S. ____ (2022). The majority didn’t explain the
Justification for the stay. In dissent, Justice Kagan, joined
Chief Justice Roberts, Justice Breyer and Justice Sotomayor.
He opined that this matter didn’t belong on the emergency docket
Petitioners failed to identify a threat of imminent harm.
Going forward, reinstatement Trump-era Section 401
The certification rule could remove limitations and obstacles.
Certain projects.

In the earlier part of this year, groups such as American Petroleum
Institute, Interstate Natural Gas Association of America
National Hydropower Association, together with several states
The Ninth Circuit Court of Appeals was contacted to request a stay of the
Order for the Northern District of California The Ninth Circuit
Court of Appeals denied the request for a stay noting the states.
Industry groups didn’t show that they were likely to be irreparably damaged.
You won’t cause any harm by keeping the order in force.

Rejecting the stay by the Ninth Circuit Court of Appeals
These situations prompted industry groups and states alike to file an emergency report
Application for a stay to allow appeal to the U.S. Supreme Court.
The petition was opposed in part by several states, including New York.
California and Washington, as well as public interest groups like
Earthjustice and Sierra Club are affiliated with the Western Environmental Law Center.
The court granted the stay and revived the Trump-era.
The Ninth Circuit Court of Appeals ruled that Section 401 certification was invalid.
Appeal and put a stop to the order striking down Trump-era
rule during the Ninth Circuit appeal and any possible Supreme
Procedures in court The parties seeking the stay pointed out that the prior to the
Court’s decision, they suffered unnecessary delays and denials
CWA permits are required to obtain certain energy permits. This can stall a number of energy projects.
Infrastructure projects Section 401 certification in the Trump-era
Until a new rule is adopted, the existing rule will continue to be in force.

The U.S. Environmental Protection Agency, (EPA), continues to move
Forward in revising and restoring state and tribal authority
To protect water resources. The revision is expected to be completed by EPA
Propose a substitute rule and process it by 2023.

Note: Companies that operate under the CWA’s jurisdiction should be aware
The Trump-era Section 401 certification rule is now under 40 C.F.R.
Part 121 is back in force and its impact on how to obtain it
CWA permits are significant.

Here are some helpful links

This article is meant to be a guide.
guide to the subject matter Expert advice should be sought
Discuss your specific circumstances.