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The EPA proposes limiting states and tribes' power to block infrastructure projects by restricting Section 401 of the Clean Water Act.
The EPA has proposed new rules to limit states and Native American tribes’ ability to block major infrastructure projects like pipelines and data centers by restricting their authority under Section 401 of the Clean Water Act.
The move, aligned with the Trump administration’s agenda, aims to reduce delays by setting clear deadlines, standardized requirements, and demanding detailed justifications for denials.
It reverses a 2023 Biden-era rule that expanded states’ and tribes’ power to assess broader environmental impacts.
The EPA says the change will improve transparency and predictability in permitting, especially as demand grows for energy and tech infrastructure.
Critics, including environmental groups, argue the rule undermines local protections and tribal sovereignty, especially after the Supreme Court’s 2023 Sackett decision narrowed federal wetlands jurisdiction.
A final rule is expected in spring 2026 after a public comment period.
La EPA propone limitar el poder de los estados y tribus para bloquear proyectos de infraestructura restringiendo la Sección 401 de la Ley de Agua Limpia.