Biden administration restores the power of states and tribes to review projects to protect waterways
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.
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. The Environmental Protection Agency says the new regulation will empower local authorities to protect rivers and streams while supporting infrastructure projects that create jobs.
“We actually think this is going to be great for the country,” said Radhika Fox, assistant administrator for water. “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.”
But 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. That ruling, in a case known as Sackett v. 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. Environmental advocates said the May decision would strip protections from tens of millions of acres of wetlands.