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flag The EPA proposes limiting states and tribes' power to block infrastructure projects by restricting Section 401 of the Clean Water Act.

flag 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. flag 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. flag It reverses a 2023 Biden-era rule that expanded states’ and tribes’ power to assess broader environmental impacts. flag The EPA says the change will improve transparency and predictability in permitting, especially as demand grows for energy and tech infrastructure. flag 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. flag A final rule is expected in spring 2026 after a public comment period.

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