California Attorney General Xavier Becerra, New York Attorney General Letitia James and Washington Attorney General Bob Ferguson led a coalition of 21 attorneys general in filing a lawsuit challenging the Environmental Protection Agency's (EPA) final rule that restricts states’ water quality certification authority under Section 401 of the Clean Water Act. In their complaint, the attorneys general emphasized that Congress “specifically prohibited federal agencies from permitting or licensing such projects” if a state denies certification under Section 401, and noted that the rule establishes “new, unjustified, and unreasonable substantive limits, time constraints, and procedural restrictions” that impose “onerous federal control over virtually every step of the administrative process.” In October 2021, a U.S. District Judge vacated the rule.
- Documents: ComplaintCA Press ReleaseNY Press ReleaseWA Press ReleaseOrder Remanding with Vacatur
- Document Type: Complaints Press Releases/Statements
- States: California Colorado Connecticut Illinois Maine Maryland Massachusetts Michigan Minnesota Nevada New Jersey New Mexico New York North Carolina Oregon Rhode Island Vermont Virginia Washington Washington, D.C. Wisconsin
- Agencies: Environmental Protection Agency
- Issues: Clean Water Act Oceans and Water Policy Water
- Era: Trump Administration
- Outcome: Win
- Explanation of Outcome:A U.S. District Judge vacated and remanded the rule.
- Action Type: Litigation