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Witness says 2023 Section 401 rule risks expanding state review beyond congressional intent
Summary
A witness testifying before the House Transportation and Infrastructure Committee said the Biden administration's 2023 rule on Clean Water Act Section 401 certifications could be misapplied to require broader state review and invite third-party litigation, potentially affecting water storage and energy projects.
A Committee member of the House Transportation and Infrastructure Committee asked a witness whether the Biden administration's 2023 rule on Clean Water Act Section 401 certifications expanded the scope of Section 401 review beyond congressional intent.
The witness, identified in the hearing transcript as a state government representative from Oklahoma, said that they believe the rule has the potential to be misapplied. "We, we believe that there's the potential for that to be…
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