The Biden administration will restore authority to states and tribes to veto gas, coal, and other energy projects if they endanger local rivers and streams.
The Clean Water Act gave states and tribes the power to review federal permits for industrial facilities and block projects that could discharge pollution into local waterways. The federal government can't approve projects without their certification.
The administrator of the Environmental Protection Agency said that the agency was proposing a rule that would empower states, territories, and tribes to use congressionally granted authority to protect precious water resources.
Mr. Regan said that water resources are essential to thriving communities.
The Clean Water Act gives states the power to stop or delay fossil fuel projects. The governor of Washington refused to certify a federal water permit for a coal export facility on the Columbia River due to the risk of spills and air quality issues. In 2020, Andrew Cuomo, who was governor of New York at the time, denied a permit for a project that would have shipped natural gas into his state from Pennsylvania.
The time during which states and tribes could grant or deny permits was reduced by the Trump administration. Democrats were conducting climate policy under the guise of a law intended for a different purpose, according to Trump officials. They wanted to stop abuses of the law that held fossil fuels projects hostage.
The oil and gas industry urged the Trump administration to fast-track energy projects, according to environmental groups.
Richard L. Revesz is a professor of environmental law at New York University.
The conditions that existed before the Trump presidency would be restored.
Mr. Biden is calling on the oil and gas industry to increase production in order to bring down the price of gas. The energy trade groups were concerned that the new regulation could block the necessary infrastructure.
Mr. Revesz didn't think the actions by the Biden administration would affect prices at the pump since the Trump administration's limits wouldn't change until the Biden rule is finalized.
He said that keeping the Trump rule in place will not keep gas prices low.
The plans of the Biden administration added needless red tape and allowed fossil fuel opponents to create barriers to oil and gas projects.
Karen Harbert, president of the American Gas Association, said in a statement on Wednesday that it should not take longer to get the permits and permission to build a gas line. She said companies were concerned that the proposed rule would allow some states to delay and increase costs for essential energy infrastructure, and that it would stray from the intent of the Clean Water Act.
The Association of Clean Water Administrators, which represents water permit administrators in all 50 states, did not see the rejection of the coal terminal in Washington State as a larger trend.
Ms. Anastasio said there wasn't a problem with the cases that became the "poster children" for fossil fuel industry supporters. The states were doing a good job.
She said that the Trump-era changes to the Clean Water Act went too far. Congress gave the states authority to review projects that cross local waterways.
A 60-day period of public comment and review is required for the rule to be finalized.