June 28, 2018 — In a sweeping memo released today, EPA administrator Scott Pruitt asked the agency to propose changes to how it uses the Clean Water Act.
In the memo, Pruitt wrote that the action would fit in with his larger aim to “ensure predictability and regulatory certainty and take actions based upon a comprehensive understanding of the facts.”
The proposal would eliminate EPA’s ability to preemptively or retroactively veto permits for waste discharge in waterways, restricting the agency’s ability to step in and regulate large projects. However, the proposal is far from final.
Under the Obama administration, EPA used its authority under Section 404(c) of the Clean Water Act to propose restrictions on the Pebble Mine before the developer applied for a permit with the U.S. Army Corps of Engineers.
That essentially halted the controversial project until last year, when EPA reached a settlement with Pebble under the Trump administration. Then in January, Pruitt suspended the agency’s move to reconsider the Obama-era proposal, saying Pebble may pose an “unacceptable” risk to Bristol Bay, home to one of the most valuable salmon fisheries in the world.