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Trump to limit state's ability to block energy project in water rule

The Trump administration proposed on Tuesday a rule that would revise the 'Biden-era protections against pollution for waterways. This move, according to the Environmental Protection Agency (EPA), would speed up permitting of energy infrastructure and artificial intelligence.

The 'proposed' rule would revise a rule from the administration of former President Joe Biden in 2023 on Section 401, which gave tribes and states authority to protect waters during their review of federally-permitted projects such as pipelines and power stations. Biden's rule replaced one from the first administration of President Donald Trump that limited the power?of tribes and states to force changes or block projects.

Jess Kramer - the EPA's?assistant director for water - told reporters that the 2023 revision is "fundamentally flawed, inefficient, and ineffective." Kramer claimed that Biden's revision led to long certification timelines. Kramer stated that the proposed rule will lead to predictable permitting, which?would?unleash American power dominance and support emerging artificial-intelligence infrastructure.

Biden's rule was praised by environmental justice groups and conservationists concerned about the pollution effects on waterways, and communities that depend on them.

Kramer stated that the proposed rule would ensure that states "do not weaponize section 401 to shut down projects for political reasons." The EPA stated that the proposed rule would standardize and set timelines for states and tribes to use when certifying water quality before federal permits are issued.

The latest move was made by Trump's environment agency to rollback Biden-era rules on the environment while supporting energy development, including fossil fuels. Biden's administration had already narrowed this rule in August 2023, after the U.S. Supreme Court ruled on 9-0 that the EPA could not regulate the rule. Many farmers and landowners had criticized the agency over what they considered regulatory overreach.

Kramer stated that the proposed rule would be subject to a 30-day period of public comment and that the EPA hoped to finalize it in the spring.

(source: Reuters)