Trump Environmental Protection Agency puts Polluters Before People
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On June 1st, the Trump Environmental Protection Agency (EPA) finalized a new regulation weakening state and tribal authority under Section 401 of the Clean Water Act.
This new regulation fast tracks harmful fossil fuel projects and could directly impact the Jordan Cove LNG project proposed in southern Oregon. The Trump EPA finalized this regulation in the midst of the coronavirus pandemic and widespread protests against police brutality and systemic racism. The new rule tips the careful balance of state, tribal, and federal authority under the federal Clean Water Act to protect clean water in favor of polluters. It is the latest attack on the Clean Water Act, following a previous rule change that would significantly narrow the types of waterways protected under the law.
Ask your legislators to stop the implementation of the Trump EPA 401 rule and protect local waterways!
What is Section 401 of the Clean Water Act?
Congress passed the federal Clean Water Act in 1972 to “restore and maintain the chemical, physical, and biological integrity of the Nation’s waters.” The Clean Water Act effectively makes discharges of pollution illegal without a permit that puts limits on that pollution.
Congress clearly described the important role of states in protecting clean water, stating that “it is the policy of the Congress to recognize, preserve, and protect the primary responsibilities and rights of States to prevent, reduce, and eliminate pollution” (33 U.S.C. § 1251(b)).
Section 401 of the Clean Water Act authorizes states and tribes to review large infrastructure projects, such as Jordan Cove LNG, to determine whether the project will likely meet standards set to protect clean water and public health.
If implemented, what will the new Section 401 rule do?
This new regulation would tip the careful balance of state, tribal, and federal authority to protect clean water in favor of polluters. These changes to the Clean Water Act would make it much harder for states and tribes to protect their waterways.
The final rule restricts the time that states and tribes have to review applications for projects that could harm clean water. It also narrows the authority of states and tribes to consider impacts to water resources.
It is a clear attempt to streamline fossil fuel projects under the guise of increased predictability and timeliness. The impetus for the final rule is Executive Order 13868, “Promoting Energy Infrastructure and Economic Growth,” the purpose of which “is to enable the timely construction of the infrastructure needed to move our energy resources through domestic and international commerce.”
What does this mean for the Jordan Cove LNG project?
For the past 15 years, communities in southern Oregon have been standing strong against the Jordan Cove LNG project. This proposed export terminal and 229-mile pipeline would cut through hundreds of streams and wetlands, including crossing below iconic rivers like the Rogue.
Last May, the Oregon Department of Environmental Quality (DEQ) denied the Section 401 permit for the Jordan Cove LNG project because the project failed to demonstrate that it would meet Oregon's clean water standards. DEQ released 200 pages of detailed findings about how the project does not meet Oregon’s water quality standards. The Section 401 permit is required for the project to move forward.
If this final rule is implemented, it may become much easier for harmful projects like Jordan Cove LNG to be approved. Even if they don’t meet state and local standards. Even if they put our clean water at risk. Even if there’s widespread local opposition to the project.
Although the state of Oregon retains its authority under the Clean Water Act, Coastal Zone Management Act, and Clean Air Act to make decisions on Jordan Cove LNG, this new regulation will likely make it harder for the state to deny if Jordan Cove reapplies for the 401 permit.
Why does this matter?
Beyond Jordan Cove LNG, the Trump EPA regulation has massive implications for clean water and public health across Oregon and the entire country. As Sen. Edmund Muskie of Maine explained on the Senate floor when Section 401 of the Clean Water Act was first proposed in 1970, “No polluter will be able to hide behind a Federal license or permit as an excuse for a violation of water quality standard[s].”
The final rule restricts the time that states and tribes have to review applications for projects that could harm clean water and narrows the authority of states and tribes to consider impacts to water resources. This will effectively silence local voices.
The final Trump EPA regulation is a clear attempt to support fossil fuel development. This regulation is just the latest attack on the Clean Water Act, following the finalization of the Dirty Water Rule, which significantly narrows the scope of protections under this bedrock environmental law. Under the guise of increasing predictability and timeliness, the Trump EPA is systematically dismantling clean water and public health protections for our communities.
What can you do?
The Clean Water Act is the cornerstone of our nation’s environmental laws and puts in place protections for rivers like the Rogue across the country. By weakening a state’s authority under the Clean Water Act to review and stop harmful projects like Jordan Cove LNG, Trump’s EPA is saying that local voices don’t matter. In doing so, it’s putting our waterways and local communities at risk. As Oregonians, we deserve the right to determine how best to protect waterways in Oregon.