The reactionary bloc neutered the ability of states and tribes to protect their own environments—without explaining itself.
is an affront to the Clean Waters Act, federalism, judicial restraint, and common sense. It arises out of a dispute between Donald Trump’s Environmental Protection Agency and a coalition of states and tribes. The Clean Water Act, first passed in 1972, is a quintessential example of “cooperative federalism”: It compels the federal government to work with states and tribes before approving a project that could diminish water quality.
—one was accompanied by many pages of reasoning—the Supreme Court affirmed states’ and tribes’ authority to grant, modify, or deny certification of a potentially destructive energy project, like an oil pipeline or coal export facility.For nearly 50 years, states and tribes have done just that, imposing additional requirements on these projects or vetoing them altogether.
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