Press Releases
08/04/2021
Attorney General Tong Joins Coalition Urging EPA to Move Swiftly to Reverse Rule Curtailing States’ Clean Water Act Authority
(Hartford, CT) — Attorney General William Tong today joined a multistate coalition urging the U.S. Environmental Protection Agency (EPA) in a comment letter to swiftly repeal a Trump-era rule curtailing state authority under Section 401 of the Clean Water Act. The rule has created uncertainty and confusion, complicating and delaying urgently needed action to protect water quality.“This unlawful rule stripped states of our fundamental right to protect our own water. Connecticut has a duty to review and regulate development that impacts our waters and the health of our natural habitats. We have fought this proposal every step of the way and urge the Biden Administration to repeal this damaging rule,” Attorney General Tong said.
The Clean Water Act reflects Congress’ policy to “recognize, preserve, and protect the primary responsibilities and rights of states to prevent, reduce, and eliminate pollution” of waters within their borders.
Under Section 401 of the statute, a project requiring federal approval that may result in discharges into waters of the United States must obtain state certification confirming that the project meets state water quality standards and other appropriate state law requirements.
In today’s comment letter, the coalition argues that the EPA must repeal the Trump-era revisions to Section 401 and restore states' broad authority to approve, impose conditions on, or deny Section 401 certifications for federally permitted projects, as expressly recognized by the Clean Water Act.
Attorney General Tong joined the attorneys general of California, New York, Washington, and Massachusetts, in submitting these comments.
A copy of the comment letter can be found here.
Assistant Attorney General Jill Lacedonia assisted the Attorney General with this matter.
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