AG Grewal Sues Trump Administration to Block Rule that Limits New Jersey’s Ability to Prevent Water Pollution

TRENTON — Attorney General Gurbir S. Grewal today joined a coalition of Attorneys General in suing to block a U.S. Environmental Protection Agency (EPA) final rule that unlawfully restricts the authority of states to protect their waters from pollution.

For more than three decades, the EPA has consistently acknowledged that Section 401 of the federal Clean Water Act provides states with the authority to exercise oversight of federally permitted projects such as pipelines, industrial plants and hydroelectric dams, among others. Under that recognized authority, states could review, impose conditions on, or deny certification for such federally approved projects.

However, as directed by President Trump in an Executive Order issued in April 2019, EPA has now issued a final rule radically altering its water quality certification regulations to restrict states’ authority under the Clean Water Act.

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