The Trump administration is betting that its plan to limit state oversight of major energy projects will withstand legal hurdles, in part due to the Supreme Court’s landmark 2024 ruling overturning the Chevron doctrine.
A new EPA proposal restricting water pollution reviews conducted by states could run afoul of high court rulings from the 1990s and early 2000s, legal scholars say. But the agency is hoping that won’t matter, thanks to more recent decisions from the court’s conservative majority.
Released last week, the proposal would make it harder for states to block pipelines, dams and other large energy projects. If finalized, the changes would also make it faster and cheaper to build new infrastructure, agency officials said.
The draft rule appears to conflict with PUD No. 1 of Jefferson County v. Washington Department of Ecology, a 1994 high court ruling that affirmed that states can impose conditions on energy projects to ensure compliance with pollution standards under the Clean Water Act. Still, EPA said that ruling should not be seen as the “final word” on the topic, asserting that it relied on “outdated statutory terminology” and is less relevant today.
