Fourteen AGs Filed Comments Criticizing EPA Guidance Limiting States’ Clean Water Act Section 401 Permitting Authority

JULY 25, 2019

California Attorney General Xavier Becerra led a coalition of 14 attorneys general in filing comments objecting to guidance issued by the Environmental Protection Agency (EPA) that limits state authority over water quality permits under Section 401 of the Clean Water Act. The coalition noted that the EPA’s new guidance directly contravenes the explicit text of Section 401, which “recognize[s], preserve[s] and protect[s] the primary responsibility of States to prevent, reduce and eliminate pollution” of protected waters within their borders. Additionally, the attorneys general noted that the guidance unlawfully restricts the incorporation of National Environmental Policy Act reviews of projects’ impacts on water quality, and allows federal agencies to disregard state decisions under certain circumstances.