Trump administration moves to limit state powers to block pipelines,
terminals
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[August 10, 2019]
By Valerie Volcovici
WASHINGTON (Reuters) - The Trump
administration on Friday unveiled a proposal that would curb state
powers to block pipelines and other energy projects, part of the Trump
administration's effort to boost domestic oil, gas and coal development.
The U.S. Environmental Protection Agency move drew swift criticism from
New York's governor and an organization representing progressive states.
It comes four months after President Donald Trump ordered the EPA
https://www.reuters.com/article/us-usa-trump-energy/trump-signs-orders-targeting-states-power-to-slow-energy-projects-idUSKCN1RM06V
to change a section of the U.S. Clean Water Act that states like New
York and Washington have used to delay pipelines and terminals.
"When implemented, this proposal will streamline the process for
constructing new energy infrastructure projects that are good for
American families, American workers, and the American economy," EPA
Administrator Andrew Wheeler said in a press release announcing the
move.
The EPA's proposal is centered on changes to Section 401 of the Clean
Water Act, which allows states and tribes to block energy projects on
environmental grounds, it said https://www.epa.gov/cwa-401.
In its 163-page proposal, the EPA said a section 401 review "must be
limited to considerations of water quality."
Trump and EPA chief Andrew Wheeler have accused some states of denying
permits for reasons that go beyond water protection such as climate
change impacts.
The proposal says a state or authorized tribe must act on a
section 401 certification request "within a reasonable period of time,
which shall not exceed one year" in an effort to speed up the permitting
process.
The Trump administration has criticized New York for its decision to
delay and block an interstate gas pipeline, Williams Cos Inc's
Constitution line from Pennsylvania, accusing the state of creating
bottlenecks and supply disruptions.
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The U.S. Environmental Protection Agency (EPA) sign is seen on the
podium at EPA headquarters in Washington, U.S., July 11, 2018.
REUTERS/Ting Shen/File Photo
New York Governor Andrew Cuomo called the EPA's proposal "hostile".
It is "a gross overreach of federal authority that undermines New
York's ability to protect our water quality and our environment," he
said in a statement.
"It's a hypocritical double standard," said David Hayes, director of
the State Energy and Environmental Impact Center, part of the New
York University Law School, which coordinates policy with state
attorneys general.
He said the proposal runs counter to the administration's promises
to support so-called "cooperative federalism" that gives states
broad authority to decide policy.
"The Trump administration gives lip service to 'cooperative
federalism,' but it practices 'fair-weather federalism," he said.
In 2017, Washington Governor Jay Inslee, a Democrat and 2020
candidate for president, used the 401 provision to block a permit
for the Millennium Bulk Terminal, a coal export facility that would
have expanded the ability of companies to send Western coal to Asian
markets.
Inslee said in April that Trump's executive orders to weaken state
powers would put the country on a “fatal path” of unconstrained
fossil fuel use and hold back clean energy development.
(Reporting by Valerie Volcovici; Writing by Richard Valdmanis;
Editing by Dan Grebler and David Gregorio)
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