Governor: Supreme Court’s Reinstatement of Trump-era EPA Water Rule Reduces Uncertainty and Prevents Misuse

8 Apr 2022

CHEYENNE, Wyo. –  In another favorable court ruling for Wyoming, Governor Mark Gordon is applauding the  U.S Supreme Court’s decision to reinstate the Trump-era Clean Water Act Section 401 permitting rule pending the outcome of litigation in the 9th U.S. Circuit Court of Appeals.

The Court overturned an earlier ruling from a lower bench and put back into place an Environmental Protection Agency rule that prohibits consideration of issues not directly related to water quality when permitting pipelines, dams and other federally approved projects. Wyoming is part of a coalition of states that petitioned the Supreme Court to reinstate the rule.  Governor Gordon has issued the following statement in response to the ruling:

“It is clear that the Congressional purpose of the Clean Water Act is to protect and maintain water quality,” Governor Gordon said. “Wyoming has been adversely impacted by other states’ misapplication of Section 401 of the Clean Water Act in their attempts to block new pipelines and coal export terminals. I have long advocated for a modernized approach that ties the scope of Section 401 review back to water quality-related impacts. The Trump rule did just that. As one of the states who sought and obtained this stay from the U.S. Supreme Court, we look forward to a favorable outcome from the appeal.”