California Attorney General Says EPA Attempt To Limit Clean Water Act Oversight Is Unlawful

California Attorney General Xavier Becerra, leading a coalition of 14 states and the Pennsylvania Department of Environmental Protection, on Friday filed a comment letter denouncing the U.S. Environmental Protection Agency’s (EPA) guidance that attempts to roll back state involvement in the permitting of federal projects under Section 401 of the Clean Water Act. Section 401 and other provisions of the Clean Water Act preserve states’ authority to protect the quality of the waters within their borders. In the comment letter, Attorney General Becerra asserts that EPA’s guidance, which implements President Trump’s April 2019 Executive Order, is unlawful, directly contravenes both the language and intent of the Clean Water Act, and undermines state authority recognized under the Clean Water Act.