Story perspectives

EPA Proposes Rule to Limit State Vetoes on Energy Projects

2/6/2026

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Summary

Story summary

The Environmental Protection Agency proposes a rule to restore Section 401 of the Clean Water Act, limiting reviews to direct water impacts.
This change addresses concerns that states misuse the provision to block energy projects unrelated to water quality.
The rule would prevent states from vetoing projects for non-water-quality reasons.
The proposed rule cites Constitution Pipeline and Millennium Bulk Terminal as examples of denials despite federal permits.

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Story summary

The Environmental Protection Agency proposes a rule to restore Section 401 of the Clean Water Act, limiting reviews to direct water impacts.
This change addresses concerns that states misuse the provision to block energy projects unrelated to water quality.
The rule would prevent states from vetoing projects for non-water-quality reasons.
The proposed rule cites Constitution Pipeline and Millennium Bulk Terminal as examples of denials despite federal permits.