Blog: Ninth Circuit revives Clean Water Act rule from the Trump Administration era
On February 21, 2023, the United States Court of Appeals for the Ninth Circuit (Ninth Circuit) issued its decision in American Rivers v. American Petroleum Institute, Case No. 21-16958, reversing the federal district court’s order that vacated a Clean Water Act (CWA) Section 401 Certification Rule after the district court had granted a voluntary remand of the rule requested by the U.S. Environmental Protection Agency (EPA). The CWA allows states and tribes to exert significant oversight on the federal permitting process by blocking or delaying controversial energy and infrastructure projects for a multitude of reasons, including impacts on climate. States and tribes derive their authority to influence federal permitting from Section 401 of the Act.