November 15, 2018

Latest on Clean Water Act 404(c) Veto Authority

Jason D. Steiert

Under the Obama administration, the U.S. Environmental Protection Agency (EPA) pursued an expansive interpretation of the Clean Water Act’s (CWA) section 404(c) veto authority. Under the Trump administration, the EPA and its former administrator, Scott Pruitt, demonstrated a different and more unenthusiastic approach to the CWA section 404(c) veto authority. Before discussing the approach of the Trump administration, this article provides a brief refresher on the CWA section 404(c) veto authority and two illustrative examples under the Obama administration.

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