Look West: Public lands and energy news from the Center for Western Priorities


** Supreme Court revives controversial Trump-era EPA permit rule
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Thursday, April 7, 2022
High pressure washing of NAPL-stained bedrock. NAPL stands for "A liquid solution that does not mix easily with water." Photo: U.S. Environmental Protection Agency, Flickr ([link removed])

The Supreme Court sided with fossil fuel industry groups and Republican-led states in a 5-4 decision ([link removed]) yesterday to put back in place an Environmental Protection Agency (EPA) rule finalized under the Trump administration that limits states and tribes from considering issues not directly related to water quality when denying permits tied to Section 401 of the Clean Water Act. The Trump-era rule tied the hands of how states and tribes are able to review and possibly deny permits for everything from pipelines and mines to hydropower dams.

Without explanation and over the objection of four justices, the court reinstated the Trump rule after a federal district court judge struck down the regulation last year. The justices in the minority criticized ([link removed]) their colleagues for taking action based on “simple assertions” and “conjectures” by Republican-led state and industry challengers. Justice Elena Kagan wrote in the dissent, ([link removed]) “The applicants have not identified a single project that a State has obstructed in the five months since the District Court’s decision."

A spokesperson for EPA said the agency is reviewing the court’s order and moving forward with a rulemaking to “restore state and Tribal authority to protect water resources that are essential to public health, ecosystems, and economic opportunity.” The rulemaking effort is backed by comments made by EPA Administrator Michael Regan last May ([link removed]) : “We have serious water challenges to address as a nation and as EPA Administrator, I will not hesitate to correct decisions that weakened the authority of states and Tribes to protect their waters.”
Quick hits


** Lawmakers grilled oil executives on high gasoline prices
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New York Times ([link removed]) | Washington Post ([link removed]) | E&E News ([link removed])


** Can a $63-billion proposal to modernize hydropower help solve the climate crisis?
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Los Angeles Times ([link removed])


** Supreme Court revives controversial Trump-era permit rule
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The Hill ([link removed]) | Courthouse News ([link removed]) | E&E News ([link removed])


** As historic drought intensifies, developers are flooding Arizona with new homes
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CNBC News ([link removed])


** Success of Biden's America the Beautiful plan hinges on empowering federal employees
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Government Executive ([link removed])


** Appeals court says officials downplayed Montana coal mine's climate impacts
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Associated Press ([link removed])


** States are replacing derogatory place names with...colonial names?
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High Country News ([link removed])


** Free national park program not used by families of color
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KSL News ([link removed])
Quote of the day
” Water allocation systems in the West are built upon unsustainable principles and flawed science. Fundamental agreements in both basins are based on unusually wet conditions that existed at the start of the 20th Century. As a result, the system fails to acknowledge, protect, or account for the requirements of river ecosystems; the needs, cultures, and sovereignty of Indigenous people; or the value of recreation and other social or economic benefits that flow from rivers."
—Rica Fulton, advocacy and stewardship director for Dolores River Boating Advocates & Jen Pelz, Wild Rivers Program director at WildEarth Guardians, Colorado Sun ([link removed])
Picture this


** @Interior ([link removed])
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The Racetrack at @DeathValleyNPS ([link removed]) is a playa best known for its strange moving rocks. The mysterious rocks are pushed along by a rare combination of ice and wind. Some of the rocks, which weigh up to 700 pounds, have traveled over 1,500 feet. Photo by Leslie Scopes Anderson

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