Republican AGs Pour Cold Water on New EPA Rule

  • A group of 11 Republican AGs and several energy industry groups filed a lawsuit against the EPA challenging the 2023 Water Quality Certification Rule, which revises the Clean Water Act’s (CWA) permitting process to allow states and tribes increased power to veto a project.
  • In their complaint, the AGs and industry groups argue that the rule exceeds the CWA’s authority, unlawfully retroactively applies to pending certification and modification requests, and violates the Administrative Procedure Act’s notice and comment rulemaking procedures, among other allegations.
  • The AGs and industry groups seek declaratory and injunctive relief, among other relief.