August 2019, Vol. 246, No. 8

Government

EPA Expected to Crimp State Authority over Pipeline Approvals

The Environmental Protection Agency (EPA) was scheduled to release a proposed rule in August limiting the ability of states to delay or even prevent the building of pipelines by delaying approval of water quality certifications required under the Clean Water Act. The CWA’s Section 401 gives states a reasonable amount of time, defined as up to one year, to consider a pipeline’s application. If the state doesn’t make an up or down decision on that permit within the year, the certification requirement is considered waived and the pipeline company can move forward with construction assuming other permits, such as for endangered species and historical landmarks, are in place. The EPA started me

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