Companies seeking approval for pipelines got some encouraging news from a Trump Administration proposal to cut back on states’ authority to block pipelines by withholding state water quality approvals, but environmentalists and states continue to express skepticism and are likely to sue. On August 22, the EPA proposed its Updating Regulations on Water Quality Certification (“Proposed Rule”) to replace and update the existing water quality certification process under Section 401 of the Clean Water Act (“CWA”). The EPA’s Proposed Rule comes in response to Executive Order 13868, Promoting Energy Infrastructure and Economic Growth, issued on April 10, 2019 to “reduce regulatory uncertainties that currently make energy infrastructure projects expensive and that discourage new investment.” To ensure “the timely construction of the infrastructure needed to move our energy resources through domestic and international commerce,” the Administration directed the EPA to update Section 401 for purposes of achieving a more “efficient permitting process.”
Continue Reading The Environmental Protection Agency’s (EPA) Proposed Changes to State and Tribal Certification Authority under Clean Water Act Section 401

Paulina Slagter
Paulina Slagter is a white collar and litigation associate in Covington's Los Angeles office. She has conducted internal investigations into complex and sensitive matters. Ms. Slagter's white collar practice spans a vast array of industries, with a particular focus on financial institutions, defense contractors, and sports organizations. She specializes in defending multinational companies against enforcement actions brought by state and federal agencies. Ms. Slagter has litigated securities fraud claims and defended individual officers of major financial institutions in class action suits. She also maintains an active pro bono practice with a focus on racial and economic justice.
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