Source: United States Senator Kevin Cramer (R-ND)
WASHINGTON — U.S. Senator Kevin Cramer (R-ND), member of the Senate Environment and Public Works (EPW) Committee, joined EPW Ranking Member Shelley Moore Capito (R-WV) in introducing the Section 401 Certification Act, legislation codifying the Trump administration’s 2020 Clean Water Act (CWA) Section 401 Certification Rule (401 Rule). Specifically, the legislation would ensure infrastructure projects are not denied permits because of political motives rather than actually protecting water quality.
“For far too long Section 401 of the Clean Water Act has been used by liberal, activist states to hijack energy infrastructure and sabotage energy producing states, like North Dakota, without legitimate cause. With energy prices skyrocketing, it’s high time we provide much needed regulatory certainty and guardrails to prevent future abuses. Our bill codifies President Trump’s rule to protect against the weaponization of Section 401,” said Senator Cramer.
“Liberal states are maliciously misusing Section 401 to prevent critical infrastructure projects, such as pipelines, from being built. The lack of sufficient infrastructure to transport natural gas contributes to higher energy prices across the country. This is particularly true in New England which, due to political interference from New York, cannot access domestic natural gas produced in West Virginia and other states. At a time when Americans are projected to pay 30% more for their heating bills this winter, states should be encouraging energy infrastructure buildout, not twisting federal water quality regulation to fit their vendetta against fossil fuels and pipelines,” said Ranking Member Capito.
Section 401 of the Clean Water Act is designed to provide states and authorized Indian tribes an important tool to help protect the water quality of federally regulated waters within their borders. Congress did not intend for it to be used to address political interests that do not relate to water quality, such as blanket opposition to certain electric transmission, pipeline, road construction, agricultural, and other projects. States’ abuse of this process has negatively impacted interstate commerce, particularly as it relates to energy commodities.
Senator Cramer and Ranking Member Capito are joined in introducing this bill by all EPW Republican Committee members.