In a breathtaking power-grab from the states sovereignty the Trump EPA wants to speed up pipeline reviews done by the states under the Clean Water Act to the point that they would be largely meaningless rituals.
BY REBECCA BEITSCH
Federal law through the Clean Water Act essentially gives states veto power over large projects that cut through their rivers and streams if they believe those projects would negatively impact their water quality.
Spurred by an April executive order from President Trump, the EPA’s guidance encourages states to more quickly process project applications, even if they don’t have all the information yet.
The EPA said states should not take more time than is reasonable to review permits, encouraging them to “promptly begin evaluating the request to ensure timely action.”
The guidance says the timeline for reviewing the permits begins as soon as they are filed, and states should not wait for an environmental assessment to be completed as that may take longer than the year states are granted. The guidance also notes that the clock doesn’t stop because states have requested more information.
States have recently sidelined two large projects using the certification process through the Clean Water Act, actions that contradict the energy dominance strategy promoted by the Trump administration.
This 'guidance' is a nightmare for anyone hoping for something resembling a rigorous review by their state, and is likely to be challenged by some of the states in court.
But even states with more conservative leadership have spoken out for maintaining states rights under the law.
“We urge you to direct federal agencies to reject any changes to agency rules, guidance, or policy that may diminish, impair, or subordinate states’ well-established sovereign and statutory authorities to protect water quality within their boundaries,” the Western Governors’ Association wrote in a January letter when the White House was still weighing an executive order.
Matthews said states are likely to have trouble getting the information they need in order to meet the timelines. The lengthy environmental assessment process means pipeline routes or construction plans might change long after they’ve applied for permission from the state. Trying to force states to approve a project before they have that information could backfire, he said.
I’m old enough to remember when so called conservatives were very sensitive about states rights. but that was before Trump got conservatives to shed their few remaining scruples.