AEA Applauds EPA’s Final Rule to Fix Governor Cuomo’s Muddying of the Clean Water Act

EPA left with no choice but to curb misuse of Section 401 certification.

WASHINGTON DC (June 2, 2020) – Today, the American Energy Alliance announced its support for the Environmental Protection Agency (EPA) and their effort to help break the logjam of overdue energy infrastructure projects across the U.S.

The EPA has released a final rule that will increase the transparency and efficiency of the Clean Water Act Section 401 (Section 401) certification process in order to promote the timely review of infrastructure projects while continuing to ensure that Americans have clean water for drinking and recreation. The rule was finalized pursuant to the direction of Executive Order 13868, “Promoting Energy Infrastructure and Economic Growth.”

Despite a history of maintaining a strong, energy-reliant economy – all while maintaining a stellar environmental track record – extreme, deep-pocketed organizations continue to misuse environmental laws such as the Clean Water Act as a litigation strategy to stop traditional energy projects. Unfortunately, some governors have also misused Section 401 as a means to favor specific energy interests and punish others.

In response to the issuing of the final rule, Thomas Pyle, President of the American Energy Alliance, released the following statement:

“President Trump and EPA Administrator Andrew Wheeler were left with no choice but to respond to the blatant misuse of the Clean Water Act by New York Governor Andrew Cuomo and others. Activist judges and environmental extremists continue to misuse the legal system to prevent the safe and responsible production and transportation of America’s energy. Today’s announcement will limit at least one of the weapons being used to abuse our legal system.”

“The Keep it in the Ground movement has failed time after time to prevent our boundless supplies of natural gas, oil, and coal from being used to power the economy and lift millions out of energy poverty around the world. So instead, they shifted their strategy to abusing environmental laws like the Clean Water Act to keep these resources from moving around via pipeline and other modes of transportation.”

“If the greens think the nation’s environmental laws are no longer working for them, they should urge Congress to change them. In the meantime, the EPA’s final rule will help restore the Clean Water Act as originally intended and rein in governors like Andrew Cuomo who have systematically abused the permitting process at the behest of big donors and green activists.”

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