Twenty-Three AGs Opposed EPA’s Attempt to Curtail States’ Authority Under Section 401 of the Clean Water Act

OCTOBER 21, 2019

Washington Attorney General Bob Ferguson, California Attorney General Xavier Becerra and New York Attorney General Letitia James led a coalition of 23 attorneys general in filing comments objecting to a proposed rule issued by the Environmental Protection Agency (EPA) that unlawfully restricts states’ authority under Section 401 of the Clean Water Act. Section 401 requires that federally permitted projects involving discharges into waters of the United States obtain certification from the relevant state, and prevents the federal government from using its licensing and permitting authority to approve projects that violate state water quality laws. In their comments, the attorneys general detailed the proposed rule’s numerous conflicts with the Clean Water Act and the Administrative Procedure Act, and noted that “every provision of the proposed rule appears designed to curtail state authority under section 401.”