In a 5-4 decision, the Supreme Court of the United States (SCOTUS) vacated a district court’s decision to strike down the Trump-era Section 401 Certification rule for the Clean Water Act (CWA), thereby reinstating it. The decision granted an emergency stay, responding to an application filed March 21 by a group of states and energy industry associations against an October 2021 decision from the Northern District of California.
In their application, the groups contended that they would “suffer irreparable harm” as a result of the rule remaining in place, saying that certain states had a history of abusing it. Section 401 has been utilized to block natural gas pipelines and other projects. “This court’s immediate review is necessary because EPA is likely to finish its new rulemaking before a full appeal can be briefed and decided,” they wrote. The response to the application came from environmental groups, Native American tribes, and …
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