The USEPA has proposed a new rule to limit the ability of states to block the construction of oil and gas pipelines, coal export terminals, and other energy projects that could pollute local waterways.
The proposed rule would curtail a section of the Clean Water Act that states have used for decades to restrict fossil fuel development. The proposal was the second part of a one-two punch against the Clean Water Act, which Congress passed in 1972 to protect all “waters of the United States” from harmful pollution. In November, the USEPA announced plans to strip federal protections from millions of acres of wetlands and streams under the landmark environmental law.
The proposed rule would narrow the scope of Section 401 of the Clean Water Act. This section allows states and tribes to review, and ultimately to approve or veto, federal permits for energy projects that could discharge pollutants into nearby waterways.
The motivation to propose this rule is that the changes were important to supply electricity to data centers. Environmentalists around the nation said the rule threatened to increase pollution because local officials would have less oversight in how water supplies are protected.
The proposed rule was issued on Tuesday, Jan. 16. The USEPA is soliciting public feedback on the proposal for 30 days. Comments are due by Feb. 17. The Sierra Club Miami Group encourages all to provide comments in opposition of this proposed rule, and support the rights of state and local governments to block pipeline construction and energy projects if they pose a threat to local waterways.
Visit this USEPA website to register your comments on this rule: Updating the Water Quality Certification Regulations at https://www.federalregister.gov/documents/2026/01/15/2026-00754/updating-the-water-quality-certification-regulations.
