The Biden Administration is at it again with its latest regulatory effort to stymie pipeline development. Three months ago, the Army Corps of Engineers suggested new restrictions on general pipeline repair Nationwide Permit (NWP) 12, in which there is minimal dredge and fill near Waters of the U.S. (WOTUS). In June, the Environmental Protection Agency (EPA) issued a proposed rule making it easier for states to block even major pipeline construction for reasons having to do with potential damage to rivers and streams from a range of environmental, wildlife, historic sites and other threats. The Corps cited Section 404 of the Clean Water Act, the EPA's Section 402 of the same law.
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