April 09, 2022

U.S. Supreme Court upholds Trump rule limiting Clean Water Act

The U.S. Supreme Court on Wednesday ruled in favor of a Trump-era rule that prevented state and tribal governments from halting projects under provisions in the Clean Water Act.

The high court voted 5-4 in an emergency, unsigned ruling to overturn a lower court's ruling striking down the rule. The four justices who dissented decried the majority's use of the so-called shadow docket to rule on the matter without more deliberation and explanation.

"The applicants have given us no good reason to think that in the remaining time needed to decide the appeal, they will suffer irreparable harm," Justice Elena Kagan wrote in the dissent. "By nonetheless granting relief, the court goes astray."

Chief Justice John Roberts, and Justices Stephen Breyer and Sonia Sotomayor also dissented.

Under the 1972 Clean Water Act, state and tribal governments were allowed to issue or deny permits for projects that result in discharges into area waters.

A Trump administration rule issued in 2020, though, limited to what extent the governments could veto the projects, a win for industries frustrated by the process. The so-called certification rule allows governments to veto only projects that could impact water quality, not on any other grounds.

Twenty states and the District of Columbia challenged the Trump rule.

The Biden administration said last year that it wants to revise the rule, saying it weakened the authority of states and tribes to protect local waters.

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