EPA Clean Water Act Section 401 Proposal

Prime Mover Institute respectfully submits these comments in response to the Environmental Protection Agency’s proposed rule on Clean Water Act Section 401 Water Quality Certification, 91 Fed. Prime Mover Institute commends EPA for undertaking this rulemaking and for grounding the proposed rule in the best reading of the statutory text, as the Supreme Court’s decision in Loper Bright Enterprises v. The proposed rule is a long-overdue correction, returning the scope of Section 401 certification to the “discharge”—the word Congress chose in 1972 and the word a handful of states have spent the last decade trying to erase—and establishes procedural safeguards to prevent the systematic abuse…