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SCOTUS Reinstates Trump-Era Environmental Certification Rule

April 7, 2022

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).

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