Sixteen AGs Filed Comments Opposing Proposed Limits on States’ Clean Water Act Authority

MAY 24, 2019

New York Attorney General Letitia James led a coalition of 16 state attorneys general in filing comments opposing the EPA’s proposal to issue new guidance and regulations that would limit states’ authority to deny permits for fossil fuel infrastructure projects under Section 401 of the Clean Water Act. In their comment letter, the AGs noted that Section 401 “explicitly preserves states’ independent and broad authority to regulate the quality of waters within their borders,” and any action by the EPA to restrict that authority would be unlawful and contrary to cooperative federalism principles. Washington Attorney General Bob Ferguson joined the New York-led coalition, and also submitted a separate comment letter characterizing the administration’s claims that the EPA’s current Section 401 guidelines are causing industry confusion as “fabricated.” In his letter, AG Ferguson emphasized that he would take “all steps necessary” to defend Washington’s rights under the law.